58th Congress, ) SENATE. j Document
M Session. > ) No. 104.
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
LETTER
FROM
THE SECRETARY OF THE INTERIOR,
IN RESPONSE
TO THE SENATE RESOLUTION OF JANUARY 11, 1904, TRANS-
MITTING PAPERS AND COPIES OF REPORTS OF THE COMMIS-
SION TO THE FIVE CIVILIZED TRIBES RELATIVE TO THE
ALLOTMENT OF LANDS IN THE CHEROKEE NATION TO THE
DELAWARE INDIANS.
January 19, 1904. — Referred to the Select Committee on the Five Civilized Tribes
of Indians and ordered to be printed with illustration.
Department of the Interior.
Washington, January 16', 1904.
Sir: In compliance with resolution of the Senate of January 11,
1904 (Resolution No. 77. 58th Cong., 2d sess., copy inclosed), direct-
ing- me to transmit to it copies of reports of the Commission to the
Five Civilized Tribes of November 11, 1903, and ''January — , 1904,"
relative to allotments of lands and the segregation of lands in the Cher-
okee Nation to the Delaware Indians, and all other papers relating to
such allotments and segregation, I have the honor to transmit here-
with copy of said report of November 11, 1903, and a copy of a report
of the Commission to the Five Civilized Tribes of December 31,1903,
which is doubtless the one referred to in the resolution as of "Jan-
uary — , 1904;" also copies of letters received by the Department or
written by it, and copies of papers in the files of the Department
which appear to fall within the scope of said resolution. A schedule
of the papers is attached thereto.
The report of the Commission of December 31, 1903, and the report
)f the Commissioner of Indian Affairs thereon, are under considera-
tion b} 7- the Department, and when a decision is reached a supple-
mental report thereof will be made to the Senate.
Very respectfully,
E. A. Hitchcock, Secretary.
The President pro tempore United State Senate.,
2 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
List of papers.
1. Copy m!' Senate Resolution No. 77, Fifty-eighth Congress, second session.
2. Letter from Logan, Demond & Harby to Secretary of the Interim-, August 23, L898.
:!. Letter from Acting Secretary of the Interim- to acting chairman of the Commis-
sion tn the Five Civilized Tribes, November 4, L899.
4. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 20, L899.
5. Letter from the acting chairman of Dawes Commission to the Secretary of the
Interior, November L3, 1899.
(>. Letter from Acting Secretary of the Interior to acting chairman of Commission
to the Five Civilized Tribes, November 22, L899.
7. Letter from acting secretary to Dawes Commission, Augusl 29, L900.
8. Letter from Richard ('. Adams to Secretary of the Interior, February 27, 1901.
(Copy of the above letter, with inclosures, sent to Dawes Commission, by
indorsement thereon, requesting report. )
V). Letter from Acting Secretary of the Interior to R. C. Adams, March 2, 1901.
10. Letter from the Commissioner of Indian Affairs to Secretary of the Interior,
April 3, 1901.
11. Letter from the acting chairman of Commission to the Five Civilized Tribes to
Secretary of the Interior, March 23, 1901.
12. Letter from Acting Secretary of the Interior to Commission to the Five Civi-
lized Tribes, April 8, 1901.
13. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
April 8, 1901.
14. Letter from Acting Secretary of the Interior to R. C. Adams, April 8, 1901.
15. Letter from R. C. Adams to Secretary of the Interior, May 7, 1901.
16. Letter from Acting Secretary of the Interior to R. C. Adams, May 10, 1901.
17. Letter from Walter S. Logan to Secretary of the Interior, October 2, 1902.
18. Letter from the chief clerk Department of the Interior to Walter S. Logan,
October 6, 1902.
19. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 22, 1902.
20. Letter from Commission to the Five Civilized Tribes to Secretary of the Interior,
October 20, 1902.
21. Letter from Acting Secretary of the Interior to Walter S. Logan, November 29,
1902.
22. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes. November 29, 1902.
23. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
November 29, 1902.
24. Letter from Commissioner of Indian Affairs to Secretary of the Interior, October
17, 1902.
25. Portion of report of Commission to the Five Civilized Tribes to the Secretary of
the Interior, October 9, 1902.
26. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes,
October 20, 1902.
27. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior,
February 25, 1903.
28. Portion of report from Commission to the Five Civilized Tribes to Secretary of
the Interior, February 13, 1903.
29. Letter from Acting Secretary of the Interior to Commission to the Five Civil-
ized Tribes, March 2, 1903.
30. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior,
March 27, 1903.
31. Portion of report from Commission to the Five Civilized Tribes to Secretary of
the Interior, March 17, 1903.
32. Letter from Acting Secretary of the Interior to Commission to the Five Civil-
ized Tribes, March 30, 1903.
33. Letter from principal chief Cherokee Nation to Secretary, April 18, 1903.
34. Telegram from principal chief Cherokee Nation to Secretary of the Interior,
April 20, 1903.
35. Letter from Acting Secretary to chief Cherokee Nation, April 25, 1903.
36. Letter from W. W. Hastings, attorney for Cherokee Nation, to Secretary of the
Interior, April 23, L903.
37. Letter from chairman of Commission to the Five Civilized Tribes to Secretary
of the Interim-. Mnv 1, HHKS.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 3
38. Letter from Acting Secretary of the Interior to attorney f< >r the Cherokee Nati< »n,
May 6, 1903.
39. Letter from R. C. Adams to the Secretary of the Interior, April 18, 1903.
40. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior
April 28, 1903.
41. Letter from Commissioner of Indian Affairs to Secretary of the Interior, April
30, 1903.
42. Letter from Commission to the Five Civilized Tribes ti > Secretary of the Interior,
April 20, 1903, with exhibits as follows:
A. Letter from acting chairman of Commission to the Five Civilized Tribes
to Walter S. Logan and William T. Hutchings, January •">, L903.
B. Letter from R. C. Adams to acting chairman of the Commission to the
Five Civilized Tribes, January 15, 1903.
C. Letter from R. C. Adams to acting chairman of the Commission to the
Five Civilized Tribes, April 7, 1903.
H. Letter from R. C. Adams to Hon. M. S. Quay, April 10, 1903, and
referred to the Commission to the Five Civilized Tribes by Hon. M. S.
Quay, April 14, 1903.
D. Letter from R. C. Adams to Commission to the Five Civilized Tribes,
April 10, 1903.
E. Letter from William Nairn to Commission to the Five Civilized Tribes,
January 31, 1903.
Letter from Commissioner C. R. Breckinridge to William Nairn, Feb-
ruary 0, 1903.
Letter from William Nairn to Commission to the Five Civilized Tribes,
February 15, 1903.
F and Of. Two letters from T. G. Renter to Commission to the Five Civi-
lized Tribes, February 12, 1903.
43. Letter from Acting Secretary of the Interior to Assistant Attorney-General for
the Department of the Interior, May 4, 1903.
44. Letter from Acting Secretary of the Interior to Assistant Attorney-General for
the Interior Department. June 1, 1903.
45. Letter from R. C. Adams to Secretary of the Interior, May 27, 1903.
4(». Telegram from W. W. Hastings to T. M. Burlington, January 2, 1903.
47. Telegram from Acting Secretary of the Interior to Commission to the Five
Civilized Tribes, January 3, 1903.
48. Telegram from aetimr chairman of Commission to the Five Civilized Tribes to
Secretary of the Interior, January 3, 1903.
49. Telegram from Acting Secretary of the Interior to acting chairman of Commis-
sion to the Five Civilized Tribes, January 5, 1903.
50. Letter from Commissioner or Indian Affairs to Secretary of the Interior, Novem-
ber 18, 1903.
51. Letter from Commission to the Five Civilized Tribes to the Secretary of the
Interior, November 11, 1903.
52. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 18, 1903.
53. Letter from chairman of the Commission to the Five Civilized Tribes to Secre-
tary of the Interior, November 14, 1903.
54. Letter from Acting Secretary of the Interior to Assistant Attorney-General for
the Interior Department, November 19, 190.'!.
55. Letter from Assistant Attorney-General for the Department of the Interior to
the Secretary of the Interior, November 25, 1903.
56. Telegram from Secretary of the Interior to Commission to the Five Civilized
Tribes, November 25, 1903.
57. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes,
November 28, 1903.
58. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
November 28, L903.
59. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
December 10, 1903.
60. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior,
April 30, 1903.
61. Portion of report of Commission to the Five Civilized Tribes to Secretary of the
Interior, April 16, 1903.
62. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, May 5, 1903.
63. Telegram from R. C. Adams to the First Assistant Secretary of the Department
of the Interior, May 11, 1903.
4 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
64. Telegram Erom Acting Secretary of the Interior to R. C. Adams, May 11, L903
65. Telegram from George L. Chase to the First Assistant Secretary for the Depart-
ment of the Interior, May II, 1903.
66. Telegram from Acting Secretary of the Department of the Interior to George L.
Chase, May 14, 1903.
67. Telegram from \l. C. Adams to Acting Secretary Department of the Interior,
May 15, 1903.
68. Telegram from Acting Secretary Department of the Interior to R. C.Adams,
May 15, 1903.
69. Telegram from R. C. Adams to Acting Secretary of the Interior, May 18, 1903.
70. Telegram from Acting Secretary of the Interior to R. C. Adams, May 18, L903.
71. Telegram from R. C. Adams to the Acting Secretary of the Interior, May 19, 1903.
72. Telegram from Acting Secretary of the Interior to R. C. Adams, May 20, 1903.
73. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior,
June 4, 1903.
74. Portion of report of Commission to the Fiye Civilized Tribes to the Secretary of
the Interior, May 16, 1903.
75. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
June 6, 1903.
76. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, June 6, 1903.
77. Letter from Secretary of the Interior to the Attorney-General, June 5, 1903.
78. Letter from the Attorney-General to Secretary of the Interior, June 8, 1903.
79. Answer of the Secretary of the Interior to the bill of complaint in the suit of
George Bullette et al. r. The Secretary of the Interior et al., June 19, 1903.
80. Amendment to the bill of complaint by the plaintiffs in the above suit, June 23,
1903.
81. Answer of the Secretary of the Interior to the amendment to the bill of com-
plaint in the above suit, June 30, 1903.
82. Affidavit of the Secretary of the Interior in support of motion to dissolve the
temporary restraining order in the above-named suit, June 19, 1903.
83. Affidavit of Tams Bixby in support of motion to dissolve temporary restraining
order in the above-named suit, June 13, 1903.
84. Opinion of Mr. Justice Anderson of the supreme court of the District of Colum-
bia, on the motion for temporary injunction in the above-named suit.
85. Decision of Judge Anderson in the above-named suit, October 6, 1903.
86. Telegram from Acting Secretary of the Interior to chairman of the Commission
to the Five Civilized Tribes, September 28, 1903.
87. Letter from Acting Secretary of the Interior to the Commission to the Five Civ-
ilized Tribes, October 9, 1903.
88. Letter from R, C. Adams to the President, June 6, 1903.
89. Letter from the chairman of the Commission to the Five Civilized Tribes to Sec-
retary of the Interior, June 8, 1903.
90. Letter from the Commissioner of Indian Affairs to Secretarv of the Interior,
June 18, 1903.
91. Letter from Commissioner C. R. Breckinridge to Secretary of the Interior, June
9, 1903.
92. Portion of a report of Commission to Five Civilized Tribes to Secretary of the
Interior, June 9, 1903.
93. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes.
June 22, 1903.
94. Letter from Commissioner of Indian Affairs to Secretary of the Interior, July
20, 1903.
95. - Letter from United States Indian Inspector for the Indian Territory to the Sec-
retary of the Interior, July 9, 1903.
96. Letter from United States Indian agent, Union Agency, to acting United States
Indian inspector, May 25, 1903.
97. Letter from R. C. Adams to United States Indian agent, Union Agency, May
14, 1903, with a copy of Delaware resolution of May 12, 190.'!.
98. Letter from George S. Chase to the First Assistant Secretary of the Interior,
July 18, 1903.
99. Telegram from Acting Secretary of the Interior to chairman of the Commission
to the Five Civilized Tribes, July 21, 1903.
100. Telegram from Commissioner Needles to Secretary of the Interior, July 22, 1903.
101. Telegram from Commissioner Needles to the First Assistant Secretarv of the
Interior, July 22, 1903.
102. Telegram from Acting Secretarv of the Interior to chairman of Commission to
the Five Civilized Tribes, July 22, 1903.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 5
103. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, July 22, 1902.
104. Letter from R. C. Adams to the Secretary of the Interior, August 4, 1903.
105. Letter from Acting Secretary of the Interior to R. C. Adams, August 8, 1903.
106. Letter from R. C. Adams to Secretary of the Interior, August 6, 1903, with map.
107. Letter from Assistant Secretary of the Interior to R. C. Adams, August 13, 1903.
108. Letter from Commissioner of Indian Affairs to Secretary of the Interior, August
15, 1903.
109. Letter from Mary Nairn to the honorable Commissioner of Indian Affairs, August
8, Ltd::.
110. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, August 24, 1903.
111. Letter from Commissioner of Indian Affairs to Secretary of the Interior, October
1, 1903.
112. Letter from chairman of the Commission to the Five Civilized Tribes to the
Secretary of the Interior, September 5, L903.
113. Letter from Acting Secretary of the Interior to Mary Nairn, October 7, 1903.
114. Letter from Acting Commissioner of Indian Affairs to the Secretary of the Inte-
rior, August 31, 1903.
115. Portion of report of the Commission to the Five Civilized Tribes to Secretary
of the Interior, August 11, 1903.
116. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, September 4, L903.
117. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Sep-
tember 17. 1903.
118. Letter from R. C. Adams to ( lommissioner of Indian Affairs, September 14, 1903.
119. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, September 28, 1903.
120. Letter from the Commissioner of Indian Affairs to Secretary of the Interior,
October 16, 1903.
121. Letter from Commission to the Five Civilized Tribes to the Secretary of the
Interior, October 7, L903, with the following exhibits:
Copy of an instrument of writing executed on the 28th day of August, 1901,
by and between George Smith, of the Cherokee Nation, and R. C. Adams
and John Bullette.
A copy of a list of persons who have executed, to the said Adams and Bul-
lettte, instruments in writing similar to the above mentioned.
A copy of a form of notice from the Commission to the Five Civilized
Tribes.
122. Letter from Acting Secretary of the Interior to the Commission to the Five Civil-
ized Tribes. October 21, 1903.
123. Letter from Acting Secretary of the Interior to R. C. Adams, October 21, 1903.
124. Telegram from Acting Secretary of the Interior to Commission to the Five Civil-
ized Tribes, October 2, 1903.
125. Letter from Acting Secretary of the Interior to the Commissioner of Indian
Affairs, October 3, L903.
126. Telegram from chairman of the Commission to the Five Civilized Tribes to
Secretary of the Interior, October 5, 1903.
127. Telegram from Acting Secretary of the Interior to chairman of Commission to
the Five Civilized Tribes, October 6, 1903.
128. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
October 7, 1903.
129. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
October 7, 1903.
130. Letter from Acting Secretary of the Interior to the Commission to the Five Civ-
ilized Tribes, October li, L903.
131. Letter from Acting Secretary of the Interior to R, C. Adams, October 7, 1903.
132. Letter from Secretary of the' Interior to Commission to the Five Civilized Tribes,
October 29, 1903. '
1 :'.:;. Letter from Acting Secretary of the Interior to R. C. Adams, < >ctober 30, 1903.
134. Letter from R. 0. Adams to the Secretary of the Interior, September 9, 1903,
with the following exhibit:
Letter from Commissioner Bixby to R. C. Adams, August 31, 1903.
135. Letter from Acting Secretary of the Interior to R. C. Adams, September 19, 1903.
136. Letter from Acting Secretary of the Interior to Commission to the Five Civilized
Tribes, September 19, 1903.
137. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Octo-
ber 10, 1903.
6 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
L38. Letter from chairman of the Commission to the Five Civilized Tribes to Secre-
tary of the [nterior, < October 2, L903.
139. Letter from Acting Secretary of the Interior to R. C. Adams, October 17, 15)03.
140. Letter from R. C. Adams to Secretary of the Interim-, October 6, 1903, with the
following exhibit:
Letter from R. ( '. Adams to Commission to the Five Civilized Tribes, Octo-
ber (i, L903.
141. Letter from Acting Secretary of the Interior to R. C. Adams, October 5), 1903.
142. Letter from Acting Secretary of the interior to Commission to the Five Civilized
Tribes, October 13, 1903.
143. Telegram from Carrie to R. C. Adams, October 1, 1903.
(The above telegram riled with the Department by R. C. Adams.)
144. Letter from R. C. Adams to Secretary of the Interior, October 9, 1903.
145. Letter from Acting Secretary of the interior to R. C. Adams, October 15, 1903.
146. Letter from R. C. Adams to Secretary of the Interior, October 26, 1903.
147. Letter from Acting Secretary of the Interior to R. C. Adams, October 27, 1903.
148. Letter from Charles J. Bonaparte to Acting Secretary Department of the Inte-
rior, October 6, 1903.
149. Letter from Acting Secretary of the Interior to Charles J. Bonaparte, October
7, 1903.
150. Letter from Acting Secretary of the Interior to Charles J. Bonaparte, October
10, 1903, with the following exhibit :
Memorandum of action of the Commission to the Five Civilized Tribes and
the Department in the matter of the segregation of lands claimed by the
Delaware Indians, etc., October 10, 1903.
151. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs,
October 13, 1903.
152. Letter from chairman of the Commission to the Five Civilized Tribes to Sec-
retary of the Interior, September 17, 1903.
153. Letter from chairman of the Commission to the Five Civilized Tribes to Sec-
retary of the Interior, September 26, 1903, with the following exhibit:
Petition from Isaac Secondine et al. to Commission to the Five Civilized
Tribes, August 3, 1903.
154. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Octo-
ber 8, 1903.
155. Telegram from Commissioners Bixby and Needles and the attorney for the
Cherokee Nation to the Secretary of the Interior, October 9, 1903.
156. Telegram from Acting Secretary of the Interior to chairman of the Commission
to the Five Civilized Tribes, October 10, 1903.
157. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 2, 1903.
158. Telegram from Secretary of the Interior to the United States Indian inspector
for the Indian Territory, November 2, 1903.
159. Letter from Secretary of the Interior to Commissioner of Indian Affairs, Novem-
ber 2, 1903.
160. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 12, 1903.
161. Portion of report of the Commission to the Five Civilized Tribes to the Secretary
of the Interior, October 20, 1903.
162. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 19, 1903.
163. Portion of report of Commission to the Five Civilized Tribes to Secretary of
the Interior, November 9, 1903.
164. Letter from Acting Secretary of the Interior to Commission to the Five Civi-
lized Tribes, November 23, 1903.
165. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem-
ber 19, 1903.
166. Portion of report of Commission to the Five Civilized Tribes to Secretary of the
Interior, November 10, 1903.
167. Letter from Acting Secretary of the Interior to Commission to the Five Civi-
lized Tribes, November 23, 1903.
168. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Decem-
ber 22, I'M):;.
169. Portion of report of Commission to the Five Civilized Tribes to Secretary of the
Interior, December 14, 1903.
170. Letter from Acting Secretary of the Interior to Commission to the Five Civil-
ized Tribes, December 29, 1903.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. (
171. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Janu-
ary 12, 1904.
172. Letter from chairman Dawes Commission to Secretary, January 6, 1903 (4 ).
173. Letter from Commission to the Five Civilized Tribes to Secretary of the Interior,
December 31, 1903, with the following exhibits:
List of lands of the Cherokee Nation set aside as the Delaware segregation, etc
Lands in Adams and Logan list, which have been claimed by Cherokee citi-
zens other than Delawares, etc.
Schedule of lands in the list of lands tiled with the Commission to the Five
Civilized Tribes, December 16, 1902, and amended January 23, 1903, by
Walter S. Logan, claiming to be the attorney for the Delaware Indians,
claimed or occupied by Cherokee citizens not Delawares.
Land in the Adams and Logan list which has been claimed by Cherokee
citizens of Delaware blood, claiming under their Cherokee right, as shown
by their attempts to rile thereon.
Land in the list of land filed with the Commission to the Five Civilized
Tribes, December 16, 1902, and amended January 23, 1903, by Walter S.
Logan, claimed and occupied by Delaware citizens of the Cherokee Nation
as per Commission's citizenship cards, etc.
Land in the list of land filed with the Commission to the Five Civilized
Tribes, December 16, 1902, and amended January 23, 1903, by Walter S.
Logan, claimed and occupied by Delaware citizens of the Cherokee
Nation, etc. (individual holdings).
Letter from Walter S. Logan to chairman Commission to the Five Civilized
Tribes, December 3, 1903.
174. Letter from Secretarv of the Interior to Commissioner of Indian Affairs, January
13, 1904.
175. Letter from Secretary of the Interior to Assistant Attorney-General for the
Interior Department, January 13, 1904.
176. Letter from Commissioner of Indian Affairs to Secretary of the Interior, January
15, 1904.
177. Letter from Commissioner of Indian Affairs to Secretary of the Interior, January
15, 1904, with the following exhibits:
Letter from United States Indian agent, Union Agency, to Commissioner of
Indian Affairs, August 11, 1903.
Letter from Commissioner of Indian Affairs to the United States Indian
agent, Union Agency, August 22, 1903.
Telegram from Acting Commissioner of Indian Affairs to Commission to the
Five Civilized Tribes, September 22, 1903.
Petition from Isaac Secondine et al. to Commissioner of Indian Affairs, Sep-
tember 11, 1903.
Letter from Acting Commissioner of Indian Affairs to Isaac Secondine et al.,
September 22, 1903.
Letter from Acting Commissioner of Indian Affairs to Commission to the
Five Civilized Tribes, October 6, 1903.
No. 1.
[Senate Resolution No. 77, Fifty-eighth Congress, seeond session.]
Resolved, That the Secretary of the Interior be, and he is hereby, directed to trans-
mit forthwith to the Senate copies of the report of the Dawes Commission of
November eleventh, nineteen hundred and three, of allotment of lands and the
segregation of lands in the Cherokee Nation to the Delaware Indians, and also the
report upon the segregation of said lands submitted to him by that Commission on
January , 1904, and all other reports upon that subject; and, furthermore, to
transmit to the Senate copies of all correspondence with the Dawes Commission and
other officials and all other papers relating to such allotments and segregation.
No. 2.
New York, Aiu/ud 23, 1898.
Hon. Cornelius N. Bliss,
Secretary of the Interior, Washington, D. C.
Dear Sir: Section 25 of the Curtis bill provides as follows:
"That before any allotment shall be made of lands in the Cherokee Nation there
shall be segregated therefrom by the Commission heretofore appointed, in separate
b ALLOTMENT OF LANDS TO DELAWARE INDIANS.
allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians from I he < !herokee Nation under agree-
ment of April eighth, eighteen hundred and sixty-seven."
The agreement referred to provides as follows:
"The selections of the lands to be purchased l>y the Delawares may be made hy
said Delawares in any part of the Cherokee Reservation easl of said line 96° not already
selected and in possession of other parties."
The Delawares have made their selection of t lie 157,600 acres purchased by them
and are now in possession of the same.
This provision of the Curtis bill above quoted seems to he mandatory, and on behalf
of the Delawares we ask you to instruct the Dawes Commission to survey and segre-
gate in some proper and formal manner the 157,600 acres which the Delaware- so
selected and of which they are now in possession. We ask that this be done at the
earliest possible moment, for the reason that it seems necessary that this survey and
segregation should precede the trial and judgment in the suit we have lately brought
on behalf of the Delawares against theCherokee Nation in pursuanceof the authority
granted by this same section of the Curtis bill.
The court in that case ought to have before it the specific description of the 157,600
acres of land selected by the Delawares in pursuance of the purchaseof April 8, 1867,
and segregated for their benefitas provided in this section of the Curtis bill.
Very respectfully, yours,
Logan, Demond & Harby.
No. 3.
Department of the Interior,
Washington, November 4, 1899.
Acting Chairman of the Commission to the Five Civilized Tribes.
Muscogee, I ml. T.
Sir: On August 28, 1898, Messrs. Logan, Demond, and Harby addressed a commu-
nication to the Department, in which a quotation is made from section 25 of the act
of Congress approved .June 28, 1898 (30 Stat., 495), as follows:
"That before any allotment shall be made of lands in the Cherokee Nation there
shall be segregated therefrom by the Commission heretofore mentioned, in separate
allotmonts or otherwise, the one hundred and fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians from the Cherokee Nation under agree-
ment of April eighth, eighteen hundred and sixty-seven."
It is also stated that the agreement referred to provides as follows:
"The selections of the lands to be purchased by the Delawares may be made by
said Delawares in any part of the Cherokee Reservation east of said line 96 degrees
not already selected and in possession of other parties."
Said attorneys further state that " the Delawares have made their selection of the
157,600 acres purchased by them and are now in possession of the same. - ' and they
request that the Department shall instruct your Commission " to survey and segre-
gate in some proper and formal manner the. 157, 600 acres which the Delawares so
selected and of which they are now in possession."
They further state that they desire this to he done as early as possible, for the rea-
son that they think it necessary that the survey and segregation mentioned in said
act should precede the trial and judgment in the suit that they have recently brought
against the Cherokee Nation under the provisions of said section.
You are requested to ad vise the Department what action, in your judgment, should
be taken with reference to said provision, when it is practicable to make said segre-
gation, and any recommendation relative thereto which in your judgment seems best.
Respectfully,
Tims. Ryan, Acting Secretary.
No. 4.
Department of the Interior. Office of Indian Affairs.
Washington, November .0, 1899.
The Secretary of the Interior.
Sir: Referring to Department letter of November 4, 1899, addressed to the chair-
man of the Dawes Commission, requesting said Commission to advise the Depart-
ment what action, in their judgment, should be taken relative to the segregation
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 9
of the 157,600 acres of land "purchased by the Delaware Indians from the Cherokee
Nation," there is transmitted herewith a report, dated November 13, 1899, from the
acting chairman of said Commission, in which it is stated that the Commission is
required to make rolls of citizenship of the Cherokee Indians; that such rolls will,
of course, include the Delawares; that before such rolls can become final they must
lie approved by the Secretary of the Interior; that until such rolls are completed it
can not lie determined who are Cherokee citizens, nor can it be known what Dela-
ware Indians are Cherokee citizens and entitled to participate in the benefits of the
distribution of the property acquired under the contract between the Delawares and
Cherokees; that the provision of the Curtis Act relative thereto makes it obligatory
upon the Department to segregate said land "before any allotment shall he made of
lands in the Cherokee Nation; " that no allotment of Cherokee lands can he made
until a roll of citizenship of said nation has been made and approved; that the Com-
mission will not be able to make such rolls until during the year 1900; that when
such rolls have been made the Government will he prepared to begin the allotment
of Cherokee lands, and also to segregate the lands alleged to have been purchased by
the Delawares under their agreement with the Cherokees; and that not until said
rolls have been so made and approved can the segregation of said lands be accom-
plished.
As it is presumed that the Department is desirous of obtaining the views of the
Dawes Commission relative to this matter, the said report is submitted without any
discussion thereof by this Office.
Very respectfully, your obedient servant,
W. A. Jones, ('ounnixsinnrr.
No. ."i.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. 7'., November 13, 1899.
The Secretary of the Interior.
Sir: The Commission has the honor to acknowledge receipt of your letter of
November 4, 1st'!), referring to a letter received by you from Messrs. Logan, Dernond
& Harby in which they insist upon having the 157,600 acres of land alleged to
have been purchased by the Delaware tribe of Indians from the Cherokee Indians
under agreement of April 8, 1867, immediately segregated from the Cherokee domain,
and further insisting that in performing this work the Delaware Indians lie allowed
to take such lands in separate tracts already selected by them in different portions of
the Cherokee country; and you request that the Commission advise the Department
what action, in its judgment, should lie taken with reference to the matter; when it
is practicable to make said segregation, and any recommendation relative which in
the judgment of the Commission seems lust.
In response thereto the Commission submits that under section 21 of the act of
Congress of June 28, 1898, the Commission is required to make mils of citizenship of
the Cherokee tribe of Indians, which of course includes the Delawares, and that such
rolls, when so made and approved by the Secretary of the Interior, shall become the
final rolls of citizenship of said tribe, upon which it is evident the Government
ntends to make allotment -of Cherokee lauds and distribution of moneys and other
property belonging to the Cherokees. Until such rolls are made it can not lie known
who are lawful Cherokee citizens, nor can it be known what Delaware Indians are
lawful Cherokee citizens and entitled t<> the benefits which they claim under the
contract aforesaid between the Delawares and Cherokees. The provision of said act
of Congress referred to by attorneys, requiring the segregation of lands to the Dela-
wares, only makes it obligatory upon the Department to perform that duty " before
any allotment shall be made of lands in the Cherokee Nation."
It will be readily seen that no allotment of Cherokee lands can be made until a
correct roll has been made and approved under the provisions of said act. It will be
impossible for the Commission to take a census of the Cherokees and make such rolls
until during the year 1900. When such rolls are made, then the Government will be
ready to begin the allotment of Cherokee lands as provided in said act of Congress,
and will also lie prepared to segregate to the Delawares the lands alleged to have been
purchased by them under their said agreement, as provided by the provisions of said
act of Congress, and not until then can this duty be intelligently accomplished.
Very truly,
Tams Bixby, Acting Chairman.
(Through the Commissioner of Indian Affairs. )
10 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 6.
Department ojp the Interior,
Washington, November 22, /sua.
The Acting Chairman of the Commission to the Five Civilized Tkibes,
Muskogee, Tnd. T.
Sir: The Department is in receipt of your communication of the 13th instant,
referring to departmental letter of the 4th instant, relative to the segregation of the
L57,600 acres referred to in section 25 of the act of Congress approved Juno 28, 1898
(30 Stat. L., 495), and stating that no allotment of the Cherokee lands can be made
until the rolls of the Cherokee Nation shall have been completed and approved.
The views expressed in your said communication arc satisfactory to the Depart-
ment, and you are so advised.
Respectfully, Webster Davis, Acting Secretary.
No.
Department of the Interior,
Washington, August 29, 1900.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is continually embarrassed by want of information
as to the condition of the work upon which the Commission is engaged.
You will therefore transmit to the Department at the end of each month a report
of the work done during the month. Your first report, which you will please make
upon receipt hereof, should show the work already done and yet to be performed
in each nation.
Each report should give the names of employees, their salaries, and the work upon
which such employees were engaged during the month. It should show the progress
made during the month as to allotment and enrollment matters, etc., in each nation,
and state specifically what work it is proposed to do in each nation during the next
month. The report should be concise, but comprehensive, in order that the Depart-
ment may be easily as well informed as to the condition of the work of the Commis-
sion as is the Commission itself.
Respectfully, Thos. Ryan, Acting Secretary.
No. 8.
February 27, 1901.
The Secretary of the Interior,
Washington, D. C.
Sir: Inclosed in separate cover three maps, showing the location of the 157,600
acres of land selected and in possession of the Delaware Indians, and which we
wish to have segregated by the Dawes Commission, as provided by the twenty-fifth
section of the act of Congress known as the Curtis bill and the Cherokee agreement.
Please forward one copy of these maps to the Dawes Commission for their use and
reference. These maps are true copies of the one on rile with the Court of Claims.
If you need other copies, I can furnish them to you.
I am, yours, respectfully, Richard C. Adams,
Representing the Delaware Indians.
(March 2, 1901, a copy of above letter, with one copy of map, was sent to the
Dawes Commission, by indorsement thereon, requesting report.)
No. 9.
Department of the Interior,
Washington, March 2, 1901.
Mr. Richard C. Adams,
Columbian Building, Washington, D. C.
Sir: The Department is in receipt of your communication of February 27, 1901,
advising the Department that you have inclosed under separate cover three maps
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 11
showing the location of the 157,600 acres of land which you state have been selected
and arc in possession of the Delaware Indians and which they desire to have segre-
gated by the Commission to the Five Civilized Tribes, as provided in section 25 of
the act of Congress approved June 28, 1898. (30 Stat. L., 495. ) You request that one
copy of said map be forwarded to the Dawes Commission for its use and reference.
In reply you are advised that said maps have been received and that one of them
has this day been referred to the said Commission to the Five Civilized Tribes for
its consideration, report, and recommendation, together with a copy of your said
communication.
Respectfully, Thos. Ryan, Acting Secretary.
No. 10.
Department of the Interior, Office of Indian Affairs,
Washington, April 3, 1901.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith a report made on March 23, 1901, by
the Commission to the Five Civilized Tribes, acknowledging receipt, by departmental
reference of March 2, 1901, of a letter from Richard C. Adams, dated February 27,
with a map of the Cherokee Nation, showing by coloration the lands which Mr.
Adams represented to be now in the possession of Delaware Indians and which they
wish to have segregated by the Commission, as provided by section 25 of the act of
Congress of June 28, 1898.
The Commission quotes section 25 of the act of Congress above referred to, which
is as follows:
"That before any allotment shall be made of lands in the Cherokee Nation there
shall be segregated therefrom by the Commission heretofore mentioned, in separate
allotments or otherwise, the one hundred and fifty-seven thousand six hundred
acres purchased by the Delaware tribe of Indians from the Cherokee Nation under
agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial
determination of the rights of said descendants and the Cherokee Nation under said
agreement. That the Delaware Indians residing in the Cherokee Nation are hereby
authorized and empowered to bring suit in the Court of Claims of the United States,
within sixty days after the passage of this act, against the Cherokee Nation, for the
purpose of determining the rights of said Delaware Indians in and to the lands ami
funds of said nation under their contract and agreement with the Cherokee Nation
dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may
bring a like suit against said Delaware Indians; and jurisdiction is conferred on said
court to adjudicate and fully determine the same, with right of appeal to either party
to the Supreme Court of the United States" —
and states that it is not ready to allot the lands of the Cherokees and will not begin
making the allotments in all probability until the roll of the Cherokees shall have
been completed, or until legislation is enacted other than that which now governs
allotments in the Cherokee Nation; that it is therefore not essential that the lands
in the possession of the Delawares be segregated at this time; and that the indica-
tions are that considerable time will elapse before the Commission will be in readi-
ness to allot the lands of the Cherokees.
The Commission states that under the provisions of the act above quoted, the lands
claimed by the Delawares are to be segregated, subject to a judicial determination of
the rights of said descendants and the Cherokee Nation under said agreement; that
a judicial determination of the rights of the parties in interest has thus far not been
reached by the Court of Claims wherein suit was instituted; that a recognition of the
Delawares' claim to 157,600 acres should not therefore precede such determination;
that the lands of the Cherokees have been surveyed and a mere segregation of the
land claimed by the Delawares would involve no act on the part of the Commission
other than that of withholding the same from general allotment; and that should
allotment in the Cherokee Nation be reached while suit is yet pending the Commis-
sion may, in its opinion, properly reserve 157,600 acres pending a decision of the
Court of Claims, provided that an accurate and authentic description of the land
claimed by the Delawares is furnished to it.
Congress has directed that 157,600 acres of the Cherokee lands be segregated before
any allotments are made to citizens of that nation. The Department and the Com-
mission have nothing to do with the effect which such segregation may have on the
final determination of the suit authorized by Congress, and, indeed, it is not under-
stood that the compliance by the Commission with the statutory direction would in
any wise prejudice the rights of either party in interest.
12 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
This office lias no means of ascertaining the necessity, if any there be, of segregat-
ing the said Delaware lam Is at this time. Neither does it understand that any neces-
sity exists for such action. So far as is known, the Delawares are occupying the
Lands claimed bythem without restriction or objection on the part of the Cherokees,
and unless some good reason he shown to the contrary, the Commission should he
allowed to exercise its sound discretion as to the time when the segregation contem-
plated should be made, it being understood, of course, that no allotments will be
made to the Cherokees prior to the segregation of the Delaware lands. It is respect-
fully recommended thai .Mr. Adams and the Commission be advised as above indi-
cated, mid attention is respectfully invited to office report of November 20, 1899,
winch transmitted without discussion a report made by the said Commission on
November 13, 1899, relative to the same subject-matter.
Very respectfully, your obedient servant,
\Y. A. Jones, Commissioner.
No. 11.
Commission to the Five Civilized Thicks,
Muscogee, Ind. T., March ..'■). 1901.
The SlX'RETARY OF THE INTERIOR.
Sir: I have the honor to acknowledge receipt by departmental reference of March
I'll of a letter from Richard C. Adams, dated February 27, together with a map of
the Cherokee Nation, showing by coloration the lands which said Adams represents
to be now in the possession of Delaware Indians, and which they wish to have segre-
gated by this Commission, as provided by section 25 of the act of Congress of June
28, 1 s; is, and the pending Cherokee agreement.
In response to the Department's request for a report and recommendation in the
premises, I have to state that the Commission is not advised whether said Richard
C. Adams is authorized to represent the Delawares in the matter of segregating their
lands, and whether, therefore, the lands designated are the lands desired by the
Delawares or not. Granting that he is the duly accredited representative i if the 1 >el-
aware Indians, the Commission should in due time be furnished with a list of the
lands which it is desired to have segregated, described by legal subdivision-.
Section 25 of the act of Congress referred to provides as follows:
"That before any allotment shall be made of lands in the Cherokee Nation there
shall he segregated therefrom by the Commission heretofore mentioned, in separate
allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians from the Cherokee Nation under agree-
ment of April eighth, eighteen hundred and sixty-seven, subject to the judicial deter-
mination of the rights of said descendants and the Cherokee Nation under said agree-
ment; that the Delaware Indians residing in the Cherokee Nation are hereby
authorized and empowered to bring suit in the Court of Claims of the United States
within sixty days after the passage of this act, against the Cherokee Nation, for the
purpose of determining the rights of said Delaware Indians in and to the lands and
funds of said nation under their contract and agreement with the Cherokee Nation
dated April eighth, eighteen hundred and sixty-seven, and jurisdiction is conferred
on said court to adjudicate and fully determine the same, with right of appeal to
either party to the Supreme Court of the United States."
The Commission is not yet ready to allot the lands of the Cherokees and will not
begin making allotments, in all probability, until the roll of Cherokee citizens shall
have been completed or legislation be enacted other than that which now governs
allotment in the Cherokee Nation. It is therefore not essential that the Commission
segregate the lands at this time in order to fulfill the requirements of the statute with
respect to segregating the lands prior to allotment. The indications are that con-
siderable time will yet elapse before the Commission will he in readiness to allot the
lands of the Cherokees.
Furthermore, under the provisions of the act above quoted, the lands claimed by
fbe Delawares are to be segregated "subject to a judicial determination of the rights
of said descendants and the Cherokee Nation under said agreement." A judicial
determination of the rights of the parties in interest has thus far not been reached
by the Court of Claims, wherein suit was instituted, and a recognition of the Dela-
wares' claim to 157,600 acres should not, therefore, precede such determination.
Inasmuchas the lands of the Cherokees have been surveyed, a mere segregation of
the land claimed would involve no act on the part of the Commission other than to
withhold the same from general allotment, and should allotment in the Cherokee
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 13
Nation therefore be reached while the suit is yet pending the Commission may, in its
opinion, properly reserve the 157,600 acres pending a decision by the Court of Claims,
provided that an accurate and authentic description of the lands claimed by the
Delawares be furnished it.
Very respectfully, Tams Bixby,
Acting Chairman.
(Through the Commissioner of Indian Affairs.)
No. 12.
Department of the Interior,
Washington, Aprils, 1901.
Commission to the Five Civilized Tribes,
Muskogee, Ind. T.
Gentlemen: The Department is in receipt of your communication of March 23,
1901, reporting upon a letter from Richard C. Adams, dated February 27, 1901, rela-
tive to the segregation of 157,600 acres of Delaware lands in the Cherokee Nation.
The Commissioner of Indian Affairs forwarded your report April 3, and concurred
in your recommendations.
The Department has this day advised Mr. Adams of its approval of your views in
the premises.
Respectfully, Thos. Ryan, Acting Secretary,
No. 13.
Department of the Interior,
Washington, April 8, 1901.
Commissioner of Indian Affairs.
Sir: The Department is in receipt of your communication of April 3, 1901, trans-
mitting report of the Commission to the Five Civilized Tribes, dated March 23, 1901,
upon a communication from Richard C. Adams relative to the segregation of 157,600
acres of Delaware lands in the Cherokee Nation.
Mr. Adams has been this day advised that the Department concurs in the views of the
Indian Office and the Commission, and inclosed a copy of your said communication.
Said Commission is informed of the action taken in a letter herewith transmitted
for your information, to be duly forwarded.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 14.
Department of the Interior,
Washington, April 8, 1901.
Mr. Richard C. Adams,
Kellogg Building, Washington, D. C.
Sir: The Department is in receipt of a report from the Commission to the Five
Civilized Tribes upon your letter dated February 27, transmitting a map of the
Cherokee Nation showing by coloration the lands w r hich you represent to be now in
possession of Delaware Indians, and which they desire to have segregated by the
Commission, as provided by section 25 of the act of Congress approved June 28, 1898.
(30 Stat, 495.) _
The Commission quotes section 25 of said act, and states that it is not yet ready to
allot the lands of the Cherokees, and will not begin making allotments in all proba-
bility until the roll of Cherokee citizens shall have been completed or legislation
be enacted other than that which now governs allotments in the Cherokee Nation;
that it is not essential that the Commission segregate the lands at this time in order
to fulfill the requirements of the statute with respect to segregating the lands prior
to allotment, and that the indications are that considerable time will yet elapse
before the Commission will be in readiness to allot the lands of the Cherokees.
14 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
The Commission further reports thai since the lands of the Cherokee Nation bave
been surveyed, any segregation of the lands claimed would involve no act on t hi-
part of the < Jomraission other than to withhold the same from general allotment ; and
si H in M the Commission be ready to allol the lands in the Cherokee Nation while the
suit is pending between sail I nation and the Delawares, it could properly reserve the
157,600 acres, pending a final decision of said suit, "provided that an accurate and
authentic description of the lands claimed by the Delawares be furnished it."
The Commissioner of Indian Affairs forwarded said report on April 3, L901, and
recommends thai you be advised that " the Commission should be allowed to exer-
cise its sound discretion as to the time when the segregation contemplated should be
made, it being understood, of course, that no allotments will be made to the Chero-
kees prior to the segregation of the Delaware lands."
The Department concurs in the views expressed by the Commission and the Com-
missioner of Indian Affairs, and incloses herewith a copy of the report of the ( Jommis-
sioner for your information.
Respectfully, Tims. Ryan^ Acting Secretary.
No. 15.
May 7, 1901.
The Secretary of the Interior, Washington, D. C.
Dear Sir: While I was in the West 1 received your letter of the Nth of April,
inclosing report of the Commissioner of Indian Affairs in regard to my request on
behalf of the Delaware Indians for the segregation of their lands. Among other
things it says:
"This Office has no means of ascertaining the necessity, if any there be, of segre-
gating the said Delaware lands at this time. Neither does it understand that any
necessitj' exists for such action. So far as is known the Delawares are occupying the
lands claimed by them without restriction or objections on the part of the Cherokees,
and unless some good reason be shown to the contrary the Commission should be
allowed to exercise its sound discretion as to the time when the segregation contem-
plated should be made, it being understood, of course, that no allotments will be
made to the Cherokees prior to the segregation of the Delaware lands."
I must again ask, as protection to the Delaware Indians, that the lands selected and
in possession of the Delaware Indians be segregated at once, and I believe the following
reasons fully justify my request:
The Delaware Indians have about $1,000,000 worth of improvements on this land,
which is the proceeds of the invested funds and the labor of their hands. Some of
them have been living on these lands for over thirty years; others only a few years.
Some of them have large holdings — two or three thousand acres — others only a small
amount, still the improvements on the lands belong to the Delawares who paid for
or made the same, and the 157,600 acres of land is land that has been in possession
of Delaware Indians according to the Cherokee law. The division of this land
among the individual Delawares will be determined by the Court of Claims.
The Curtis law commands the segregation of the Delaware lands either in separate
allotment or otherwise.
Since the selections and locations of the Delaware lands have been submitted to
the Court of Claims certain individuals, Cherokee citizens, have infringed on the
rights of Delawares and, in some cases, have fenced off a part of their selections and
improvements, and while I was at Vinita, Ind. T., I made an effort to get an injunc-
tion against one Hannah Davis and others, who were trespassing on Delaware rights,
and the chancellor to whom the matter was referred said that I would be required
to prove that this land had been segregated for the use of the Delaware Indians and
was a part of the 157,600 referred to in the twenty-fifth section of the Curtis law.
Otherwise he should consider that a Delaware Indian could not, under the Curtis
law, hold more than his individual share as a Cherokee citizen. However, the
chancellor was a Cherokee citizen, which may have something to do with his views.
The Delaware-Cherokee agreement provides that "the aggregate amount of land
provided for the Delawares to include their improvements, shall be guaranteed to
each Delaware, etc. , * * * nor shall the continued ownership and occupancy of
said land by any Delaware so registered be interfered with in any manner whatever
without his consent."
The Curtis law has many embarassing features in it, which if enforced before the
segregation of the Delaware lands, would work a great hardship on the Delawares
even though the Court of Claims eventually awards them all the lands they claim. If
the lands are now segregated subject to the suit, no possible harm can come to either
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 15
Delaware* or Cherokees by reason of its segregation at once. Furthermore, no cost
is required on the part of the Dawes Commission to make the segregation. A map
has been furnished them and your department, showing the lands selected and in
possession of the Delaware Indians at the time of the selection, and a description of
these lands can be furnished to accompany the map, if desired. A declaration on
the part of the Commission and Interior Department that the lands claimed by the
Delaware Indians before the Court of Claims, as described by the map accompanying
the testimony, shall be withheld from allotment, pending the decision of the Court
of Claims, will greatly enable the Delaware Indians to protect their individual rights
before the Federal court of the Indian Territory, and will prevent the ( Jherokees from
running over the Delawares as they have constantly been in the habit of doing.
Trusting that you will grant our earnest request, I am,
Very respectfully, yours, R. C. Adams,
Representing the Delaware Indians.
No. 16.
Department of the Interior,
Washington, May 10, 1901.
Mr. R. C. Adams,
Columbian Building, Washington, D. C.
Sir: The Department is in receipt of your letter, dated May 7, 1901, acknowledging
receipt of departmental letter of April 8, same year, inclosing report of the Commis-
sioner of Indian Affairs, in regard to your request on behalf of the Delaware Indians
for the segregation of lands claimed by them, and again requesting that said lands
be segregated.
Tlie matter was carefully considered by the Department and you were advised of
its conclusions in said letter of April 8, and no good reason appears for changing or
modifying: the views of the Department as stated in said letter. You are therefore
advised that the Department deems it inexpedient at the present time to direct the
segregation of said land.
Respectfully, Thos. Ryan, Acting Secretary.
No. 17.
New York, October 2, 1902.
Hon. E. A. Hitchcock,
Secretary of the Interior.
Sir: As counsel for the Delaware Indians in the case now pending in the Court of
Claims, wherein their several controversies with the Cherokees are involved and are
to be determined, I wish to call your attention to some of the issues involved in that
suit.
The Delawares claim, among other things:
1. That they are entitled absolutely to 157,600 acres of land to be selected by them
and to be segregated and allotted to them out of the lands of the Cherokee Nation.
The basis for this claim is that the Delawares have purchased said 157,600 acres of
land from the Cherokees and paid for it at the rate of $1 per acre. They claim this
land as purchasers and owners.
2. They further claim that under the agreement of 1867 they are entitled to share
as Cherokee citizens in the balance of the lands of the Cherokee Nation equally with
every other citizen of the Cherokee Nation.
. The suit in the Court of Claims is brought under the special authority of section 25
of the Curtis Act, which provides for the submission of all controversies between the
Delawares and the Cherokees to the Court of Claims for adjudication.
The claims of the Delawares are set forth in their petition on tile in the Court of
Claims and also in your office. The evidence in the suit in the Court of Claims has
been closed, the record printed, and the case is now ready for hearing. It will be
brought on for a hearing as soon as the court can tix the time for its being heard.
It is on the calendar for October, and is likely to be heard sometime during October
or November.
We ask of the Department of the Interior that no distribution or allotment be
made of the Cherokee lands until the final determination of the suit in the Court of
Claims, unless the rights of the Delawares as claimed in their petition in the suit in
the Court of Claims be in every way protected.
1<> ALLOTMENT OF LANDS TO DKLAWAKK INDIANS.
Such rights will not be protected unless —
1. The 157,600 acres which the Delawares claim to own by virtue of their purchase
of the same and paymenl therefor, be first segregated and set apart, so that no distri-
bution or allotment of the same shall be made.
2. Unless each I Delaware have the same opportunity as each Cherokee to select and
segregate — subject to the future determination of the court — such lands as under the
Delawares' claims he is entitled to as a Cherokee citizen and outside of the 157,600
acres of land purchased by the Delawares.
If the Delawares were not allowed to make their selections at the same time that
the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would he
at a disadvantage compared with the Cherokee, in that in case the decision of the
Court of Claims is in favor of the Delawares, he could only take such lands as had
been left after the Cherokees had made their selection. The Delaware should have
the same right to select what he considers the choicest lands as the Cherokee has.
No distinction should be made between them so far as such selection is concerned.
The Delawares, by virtue of moneys heretofore paid to them by the United States
in consideration of lands which they gave up at the time, have been in possession of
considerable funds and have used those funds under the advice of the Secretary in
improving lands which they selected and which they have made their homes in the
Indian Territory. Their improvements cover far more than the 157,600 acres — in
fact they cover not only the - 157,600 acres, but nearly all they will receive in case the
suit in the Court of Claims is decided in their favor as Cherokee citizens, outside of
the 157,600 acres of land. If after the segregation of the 157,600 acres purchased and
paid for by the Delawares, the Cherokees are allowed to have priority in the selec-
tion of their lands, many Delawares will be ousted from their homes and from the
lands on which they have spent large sums of money for improvements under the
advice of your Department, and have no redress therefor.
I submit that all selections and allotments of land outside of the 157,600 acres be
postponed until after the final determination of the suit in the Court of Claims, or
that the Delawares should be allowed to make provisional selections — to hold good
in case the suit is decided in their favor — at the same time that the Cherokees make
their selections.
In this way the rights of all parties will be preserved. The Delawares will get
what they are entitled to in case the suit is determined in their favor. The Chero-
kees will lose no rights which they possess.
I am not asking the Department to prejudge the case in the Court of Claims in any
way in our favor. Congress has referred the determination of the rights of the
parties as between the Delawares and the Cherokees to that court, and it would be
out of place for me to argue the same matter before your Department which is to
be argued and decided by the Court of Claims. I can only say that the claims of
the Delawares, as embraced in the petition in the suit in the Court of Claims, have
been formulated and drawn with great care and deliberation and that I believe they
are in every respect well founded in fact and in law.
If, however, the lands should be distributed and allotted — that is, the lands out-
side of the 157,600 acres which the Delawares have bought and paid for — without
providing for selection by the Delawares on equal terms in every way with the
Cherokees, it would be a prejudgment of the case against us, and that is what we
object to. Such action would tend to make the judgment of the Court of Claims, if
in our favor, of no avail, or of less avail than it otherwise would be. It would be
like postponing the appeal until after the execution of the criminal.
Very respectfully, yours,
Walter S. Logan.
No. 18.
Department of the Interior,
Washington, October 6, 1902.
Mr. Walter S. Logan,
27 William street, New York, N. Y.
Sir: Acknowledging receipt of your communication of the 2d instant requesting
that no allotment of Cherokee lands be made until final determination of suit in the
Court of Claims unless the rights of the Delawares be in every way protected, you
are informed that said letter has been referred to the Dawes Commission, at Musco-
gee, Ind. T., for consideration and appropriate action.
By direction of the Secretary:
Respectfully, Edward M.Dawson, Chief Clerk.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 17
No. 19.
Department of the Interior, Office of Indian Affairs,
Washington, November -'..', 1902.
The Secretary of the Interior.
Sir: There is inclosed herewith a report from the Commission to the Five Civilized
Tribes, dated October 20, 1902, relative to the requests of Walter S. Logan, attorney
for the Delawares in their suit against the Cherokee Nation, contained in his letter of
October 2, 1902, which was referred by the Department to the Commission for report
and recommendation on October 6 last.
Mr. Logan in his communication states that he does not ask the Department to
prejudge the case in favor of his clients; that Congress has referred a determination
of the rights of the respective parties to the court, ami that it would be out of place
for him to argue the same before the Department.
In his letter Mr. Logan invites attention to the issues involved in the suit men-
tioned, which is now pending in the Court of Claims, gives the present status of the
case, and states:
"We ask of the Department of the Interior that no distribution or allotment be
made of the Cherokee lands until the final determination of the suit in the Court of
Claims unless the rights of the Delawares as claimed in their petition in the suit in
the Court of Claims be in every way protected.
"Such right will not be protected unless —
"1. The 157,600 acres which the Delawares claim to own by virtue of their pur-
chase of the same and payment therefor be first segregated and set apart, so that no
distribution or allotment of the same shall be made.
"2. Unless each Delaware have the same opportunity as each Cherokee to select
and segregate, subject to the future determination of the court, such lands as under
the Delawares' claim he is entitled to as a Cherokee citizen and outside of the
157,600 acres of land purchased by the Delawares.
"If the Delawares were not allowed to make their selections at the same time that
the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would be
at a disadvantage compared to the Cherokee, in that in case the decision of the
Court of Claims is in favor of the Delawares he would only take such land as had
been left after the Cherokees had made their selection. The Delaware should have
the same right to select what he considers the choicest lands as the Cherokee has.
No distinction should be made between them so far as such selection is concerned.
"The Delawares, by virtue of moneys heretofore paid to them by the United
States in consideration of lands which they gave up at the time, have been in pos-
session of considerable funds and have used those funds under the advice of the
Secretary in improving lands which they selected and which they have made their
homes in the Indian Territory. Their improvements cover far more than the
157,600 acres — in fact they cover not only the 157,600 acres, but nearly all they will
receive in case the suit in the Court of Claims is decided in their favor, as Cherokee
citizens, outside of the 157,600 acres of land. If, after the segregation of the 157,600
acres purchased and paid for by the Delawares, the Cherokees are allowed to have
priority in the selection of their lands, many Delawares will be ousted from their
homes and from the lands on which they have spent large sums of money for
improvements under the advice of your Department, and have no redress therefor.
" I submit that all selections and allotments of land outside of the 157,600 acres be
postponed until after the final determination of the suit in the Court of Claims, or
that the Delawares should be allowed to make provisional selections — to hold good
in case the suit is decided in their favor — at the same time that the Cherokees make
their selections.
"In this way the rights of all parties will be preserved. The Delawares will get
what they are entitled to in case the suit is determined in their favor. The Cherokees
will lose no rights which they possess."
The Commission, with reference to Mr. Logan's request that the allotment of
Cherokee lands be held "until the final determination of the suit in the Court of
Claims." invites attention to section 23 of the Cherokee agreement, which is as
follows:
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe, as their rights may be determined by the judg-
ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation and now pending; but
if said suit be not determined before said Commission is ready to begin the allotment
of lands of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including lands
S. Doc. 101 2
18 ALLOTMENT OF LANDS TO DELAW&BE INDIANS.
which have been selected and occupied by Delawares in conformity to the provisions
of their agreement with the Cherokees dated April eighth, eighteen hundred and
sixty-seven, such lands so to remain, subject to disposition according to such judg-
ment as may be rendered in such cause: and said Commission shall thereupon proceed
to the allotmenl of the remaining lands of the tribes as aforesaid. Said Commission
shall, when final judgment is rendered, allol lands to such Delawares in conformity
to the terms of the judgment and their individual rights thereunder.
"Nothing in this act shall in any manner impair the rights of either party to said con-
tract as the same may be finally determined l»y the court, or shall interfere with the
holdings of the Delawares under their contract with the Cherokees of April eighth,
eighteen hundred and sixty-seven, until their rights under said contract are deter-
mined by the courts in their suit now pending against the Cherokees, and said suits
shall be advanced on the dockets of said courts and determined at the earliest time
practicable," and takes the position that said section clearly shows that it was not
the intention of Congress to permit the allotment work to he delayed because of the
tact that said suit was pending in the Court of Claims.
It states that the representations made by Mr. Logan carry with them the certainty
that if the decision of the court should he adverse to the Delawares in any particular
a request for further delay of the allotment work would he made by the Delawares
on the ground that their rights had not yet been adjudicated by the Supreme Court.
to which an appeal from the Court of Claims will lie; that should the request In-
granted and the decision of the Court of Claims be adverse to the contention of the
Delawares, the Delawares would be entitled to have the allotment work further
delayed on the ground that they expected a decision in their favor of the Supreme
Court.
The Commission gives it as its opinion that the statute abovequoted does not con-
template an allotment to each Delaware of an amount of land equal to the per capita
share of each Cherokee " in addition to the allotment which such Delaware will receive
from the 157,600 acres to be segregated pending the determination of said suit, and
that to adopt the contrary view in proceeding with the Cherokee allotment would
place at a serious disadvantage innumerable Cherokees, who, unlike the Delawares,
have neither improved lands nor homes of their own."
The Commission states that the 157,800 acres of land to he segregated for the Del-
awares are to include lands heretofore selected, occupied, and improved by them
and upon which they are now living, and invites attention to the following quota-
tion from the petition of the Delawares in the suit now pending in the Court of
Claims:
"That thereupon the said Delawares selected the said 157,600 acres of land from
the said Cherokee Reservation east of line 96°, not theretofore selected or in posses-
sion of other parties, entered into the occupancy and possession of the same and
made extensive and valuable improvements thereon, and they, their children,
descendants, heirs at law, and personal representatives, have continued to occupy
and possess the said lands and the said improvements and have continued to make
extensive and valuahle improvements thereon and to reside thereon down to the
present time."
The Commission holds that it has no authority under the law to make allotments
to Delawares of land uot embraced in the segregation required by the agreement;
that the allotments to the Cherokee should begin at the earliest possible date; that
upon the application of any Delaware citizen there should he reserved from allot-
ment until the final determination of the suit mentioned, such lands not embraced
in such segregation not exceeding an amount equal in value to 110 acres of average
allotable land of the Cherokee Nation "as contain permanent and valuable improve-
ments owned by such Delaware citizen." The Commission is of the opinion that if
the course outlined by it is pursued, the rights of the Delawares will be fully
protected.
As this office understands the contention of the Delawares, they claim they are
not only entitled to the 157,600 acres, but are also entitled to share equally with the
other citizens of the Cherokee Nation in the remaining lands.
Section 23 of the Cherokee agreement specifically declares that if the suit "be not
determined before said Commission is ready to begin the allotment of lands of the
tribe as provided herein, the Commission shall cause to be segregated 157,600 acres
of land, including the lands which have been selected and occupied by the Dela-
wares," and directs that the Commission "shall thereupon proceed to the allotment
of the remaining lands of the tribe as aforesaid."
The office agrees with the Commission that it was not the intention of Congress to
delav the allotment work in the Cherokee Nation until the suit hetween the Dela-
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 19
wares and the Cherokees shall have been finally determined, and it therefore respect-
fully reeotamends that the Commission's report be approved and that it lie instructed
to proceed in accordance therewith.
Very respectfully, your obedient servant,
W. A. Jones, Commissioner.
No. 20.
Muscogee, Ind. T., October 30, 1902.
The Secretary of the Interior.
Sir: Keceipt is hereby acknowledged of a communication from Walter S. Logan,
dated October 2, 1902, relating to allotments of land in the Cherokee Nation to the
Delaware Indians, which was referred by the Department to this Commission for
consideration, report, and recommendation on October 6, 1902.
After calling attention to the issues involved in the suit of the Delaware Indians
against the Cherokee Nation, now pending in the Court of Claims, and giving the
present status of the case, Mr. Logan states:
"We ask of the Department of the Interior that no distribution or allotment be
made of the Cherokee lands until the hnal determination of the suit in the Court of
(Maims, unless the rights of the Delaware's as claimed in their petition in the suit in
the Court of Claims be in every way protected.
"Such rights will not be protected unless —
"1. The 157,600 acres which the Delawares claim to own by virtue of their pur-
chase of the same and payment therefor be first segregated and set apart, so that no
distribution or allotment of the same shall be made.
"2. Unless each Delaware have the same opportunity as each Cherokee to select
and segregate — subject to the future determination of the court — such lands as under
the Delawares' claims he is entitled to as a Cherokee citizen and outside of the 157,600
acres of land purchased by the Delawares.
"If the Delawares were not allowed to make their selections at the same time that
the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would be at
a disadvantage compared with the Cherokee, in that in case the decision of the
Court of Claims is in favor of the Delawares he could only take such lands as had
been left after the Cherokees had made their selection. The Delaware should have
the same right to select what he considers the choicest lands as the Cherokee has.
No distinction should be made between them so far as such selection is concerned.
"The Delawares, by virtue of moneys heretofore paid to them by the United
States in consideration of lands which they gave up at the time, have been in pos-
session of considerable funds and have used those funds under the advice of the
Secretary in improving lands which they selected and which they have made their
homes in the Indian Territory. Their improvements cover far more than the 157,600
acres. In fact, they cover not only the 157,600 acres, but nearly all they will receive
in case the suit in the Court of Claims is decided in their favor as Cherokee citizens,
outside of the 157,600 acres of land. If, after the segregation of the 157,600 acres
purchased and paid for by the Delawares, the Cherokees are allowed to have priority
in the selection of their lands, many Delawares will be ousted from their homes and
from the lands on which they have spent large sums of money for improvements,
under the advice of your Department, and have no redress therefor.
" I submit that all selections and allotments of land outside of the 157,600 acres be
postponed until after the final determination of the suit in the Court of Claims, or
that the Delawares should be allowed to make provisional selections — to hold good
in case the suit is decided in their favor — at the same time that the Cherokees make
their selections.
"In this way the rights of all parties will be preserved. The Delawares will get
what they are entitled to in case the suit is determined in their favor; the Cherokees
will lose no rights which they possess."
With reference to the proposition to delay the allotment of Cherokee lands "until
the final determination of the suit in the Court of Claims," attention is invited to
section 23 of the act of Congress approved July 1, 1902 (Public — No. 241), which is
as follows:
"Sec 23. All Delaware Indians who are members of the Cherokee Nation shall
take lands and share in the funds of the tribe, as their rights may be determined by
the judgment of the Court of Claims, or by the Supreme Court if appealed, in the
suit instituted therein by the Delawares against the Cherokee Nation, and now pend-
ing; but if said suit be not determined before said Commission is ready to begin the
20 ALLOTMENT <>K LANDS T< > DELAWARE INDIANS.
allotment of lands of the tribe aa herein provided, the Commission shall cause to be
segregated one hundred and fifty-seven thousand six hundred acres of land, includ-
ing lands which have been selected and occupied by Delawares in conformity to the
provisions of their agreement with the Cherokees dated April eighth, eighteen hun-
dred and sixty-seven, such lands so to remain, subj act to disposition according to
such judgmenl as may be rendered in said cause; and said Commission shall there-
upon | >roi ■('(■(! to the allotment of the remaining lands of the tribe as aforesaid. Said
Commission shall, when final judgment is rendered, allot lands to such Delawares in
conformity to the terms of the judgment and their individual rights thereunder.
Nothing in this act shall in any manner impair the rights of either party to said con-
tract as the same may be finally determined by the court, or shall interfere with the
holdings of the Delawares under their contract with the Cherokees of April eighth,
eighteen hundred and sixty-seven, until their rights under said contract are deter-
mined by the courts in their suit now pending against the Cherokees, and said suit
shall be advanced on the dockets of said courts and determined at the earliest time
practicable."
The language of said section clearly shows that the allotment of Cherokee lands
was not to be delayed by the suit now pending in the Court of Claims, and the rep-
resentations made by Mr. Logan carry with them the certainty that if the decision
of said court should be adverse to the Delawares in any particular a further request
for delay in allotment would be made by the Delawares on the ground that their
rights bad not yet been adjudicated by the Supreme Court, to which an appeal from
the Court of Claims will lie.
On the other hand, should the allotment be delayed on the request of the Dela-
wares until the case has been decided by the Court of Claims, the Cherokee Nation,
should the decision of said court be adverse to it, would be entitled to have the allot-
ment further delayed on its request in the expectation that the decision of the Supreme
Court would be in its favor.
The Commission is of the opinion that the statute above quoted does not contem-
plate an allotment to each Delaware of an amount of land equal to the per capita
share of each Cherokee in addition to the allotment which such Delaware will receive,
from the 157,600 acres to be segregated pending the determination of said suit, and
that to adopt the contrary view in proceeding with the Cherokee allotment would
place at a serious disadvantage innumerable Cherokees who, unlike the Delawares,
have neither improved lands nor homes of their own.
The 157,600 acres of land to be segregated for the Delawares are to include lands
heretofore selected, occupied, and improved by them, and upon which all of said
Delawares are living, as is set forth on page 10 of their petition in the suit now pend-
ing in the Court of Claims, as follows:
" That thereiqxm the said Delawares selected the said 157, 600 acres of land from
the said Cherokee reservation east of line 96°, not theretofore selected or in possession
of other parties, entered into the occupancy and possession of the same, and made
extensive and valuable improvements thereon, and they, their children, descendants,
heirs at law, and personal representatives have continued to occupy and possess the
said lands and the said improvements, and have continued to make extensive and
valuable improvements thereon and to reside thereon down to the present time."
Holding to the opinion that the Commission is without authority of law to make
allotments to Delawares of the land not embraced in the segregation provided for in
the statute above quoted, and that the allotments to Cherokees should begin at the
earliest date possible, the Commission believes, however, that upon the application
of any Delaware citizen there should be reserved from allotment until the final deter-
mination of the suit of the Delawares against the Cherokees only such lands not
embraced in said segregation and not exceeding land equal in value to 110 acres of
average allottable lands of the Cherokee Nation as contains permanent and valuable
improvements owned by such Delaware citizen.
Such a course would, in the opinion of the Commission, fully protect the rights of
all Delawares in and to all improved lands held by them on August 7, 1902, the date
of the ratification of the act of Congress approved July 1, 1902 (Public — No. 241), and
would not interfere with the selection of allotments from the unimproved public
domain by Cherokee citizens.
Mr. Logan's letter of October 2, 1902, is herewith inclosed.
Respectfully submitted.
Tams Bixbv, Acting Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
(Through the Commissioner of Indian Affairs.)
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 21
No. 21.
Department of the Interior,
Washington, Nor ember 29, 1902.
Mr. Walter S. Logan,
27 William street, New York, N. Y.
Sir: Referring to your letter of October 2, 1902, having relation to the suit of the
Delaware Indians now pending in the Court of Claims, you are informed that the
Department is in receipt of a report from the Dawes Commission, dated October 20,
1902, in the matter. A copy of said report is inclosed herewith, together with a copy
of the report of the Commissioner of Indian Affairs.
The Department concurs in the views expressed by the Commission, as also does
the Commissioner.
Respectfully, Thos. Ryan, Acting Secretary.
No. 22.
Department of the Interior,
Washington, November 29, 1902.
Commission to the Five Civilized Tribes,
Muscogee, Ltd. T.
Gentlemen: The Department is in receipt of your report, dated October 20, 1902,
in regard to a communication from Mr. Walter S. Logan, concerning the suit of the
Delaware Indians against the Cherokee Nation, now pending in the Court of Claims.
The Department concurs in the views expressed by your Commission, and has
advised Mr. Logan to that effect. The Commissioner of Indian Affairs also concurred.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 23.
Department of the Interior,
Washington, November ."■>, 1902.
Commissioner of Indian Affairs.
Sir: Referring to your communication of the 22d instant, there is inclosed here-
with departmental letter of even date to be forwarded to the Dawes Commission,
advising it of the receipt of its report in the matter of the letter of Walter S. Logan,
which had reference to the suit of the Delaware Indians, now pending in the Court
of Claims.
Respectfully, Thos. Ryan, Acting Secretary.
No. 24.
Department of the Interior, Office of Indian Affairs,
Washington, October 17, 1902.
The Secretary of the Interior.
Sir: There is inclosed herewith the monthly report of the Commission to the Five
Civilized Tribes for September, 1902. Said report is dated October 9, and seems to
set forth fully the duties performed by the Commission during the month.
It is stated in the report that on September 25, 1902, an order was promulgated to
the effect that on January 1, 1903, an office for the allotment of lands of the Chero-
kee Nation would be established at Vinita, Ind. T. ; that said office would be main-
tained at that point until April 30, 1903, when it would be removed to Tahlequah
and opened for allotment on May 4, 1903, and maintained indefinitely.
*******
It is respectfully recommended that the Commission's report be approved.
Very respectfully, your obedient servant,
W. A. Jones, Commissioner.
22 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 25.
Department of the [nterior,
Commission to the Five Civilized Tribes,
Muscogee, Tnd. T., October 9, 1902.
The Secretary of the Interior.
Sir: We have the honor to respectfully submit herewith the following statement of
the work performed under the direction of the Commission t<> the Five Civilized
Tribes during the month of September, 1902:
*******
On September 25, 1902, an order was promulgated to the effect that on January 1,
1903, an office for the allotment of lands of the Cherokee Nation would be established
at Vinita, Ind. T., said office to be maintained there until April 30, 1903, and then
removed to Tahlequah, Ind. T., where it would be opened May 4, 1903, and main-
tained indefinitely.
*******
Respectfully submitted.
Tams Bixby, Acting Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
(Through the Commissioner of Indian Affairs.)
No. 26.
Department of the Interior,
Washington, October 20, 1902.
The Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your monthly report for the month
of September, 1902, dated October 9, 1902, which was forwarded by the Commis-
sioner of Indian Affairs on October 17, 1902, and recommending that the same be
approved.
The Department notices that in said report it is stated that there were pending
before the Secretary of the Interior on September 30, 1902, five allotment contest
cases. You are informed that the Department has now three allotment contest cases
consolidated under the title of Nancy Taborn v. George Jones et al., and that action
upon said decisions is delayed for want of report from your Commission relative to
the citizenship of said Nancy Taborn which has been heretofore called for. Early
action is requested thereon.
The Department concurs in the recommendation of the Commissioner and said
report is approved. A copy of his letter is inclosed.
Respect fully,
E. A. Hitchcock, Secretary.
No. 27.
Department of the Interior,
Office of Indian Affairs,
Washington, February 25, 1903.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith a statement of the Commission to the
Five Civilized Tribes, setting forth the work performed by it during the month of
January, 1903.
It will be noted that the Commission in this statement gives the present status of
the land offices which are to be opened in the Choctaw, Chickasaw, and Cherokee
nations, about which the Department has heretofore made inquiry. The Commis-
sion say relative to the opening of land offices in the Choctaw and Chickasaw nations
that, while final action has not been taken relative thereto, it is probable that it will
be in a position to establish such offices not later than April 1, 1903, and preparation
is being made accordingly.
Relative to the allotment of Cherokee lands the Commission say that the Cherokee
land office was established at Bonita (Vinita), Ind. T., January 1, 1903, but owing
to the large number of persons who applied for tickets of admission it was deemed
ALLOTMEMT OF LANDS TO DELAWARE INDIANS. 23
advisable to allow no one to make application for an allotment or designate his
homestead until January 5, 1903, and that on said date the office was opened for that
purpose.
In connection with the above report I have the honor to state that there remain
in this office unadjudicated the following citizenship cases.
Very respectfully,
A. C. Tonner, Acting Commissioner.
No. 28.
Department of the Interior,
Commission to the Five Civilized Tribes
Muscogee, Ind. T., February 13, 1903.
The Secretary of the Interior.
Sir: We have the honor to respectfully submit herewith the following statement
of the work of the Commission to the Five Civilized Tribes for the month of Jan-
uary, 1903:
CHEROKEE ALLOTMENT DIVISION.
The Cherokee and office was established at Vinita, Ind. T., January 1, 1903, but
owing to the large number of persons who applied for tickets of admission it was
deemed advisable to allow no one to make application for an allotment or designate
his homestead until January 5. On said date the office was opened for that purpose.
The total number of tickets issued during the month was 4,128. Of this number
1,029 have been called, but only 442 have answered, 587 having for some reason
failed to respond.
During the month of January applications for 1,298 selections of allotments and
the designation of homesteads were made. Of this number, 807 were approved.
The approval of 35 was withheld because the land applied for had already been
allotted; 432 because the enrollment of the applicants had not been finally approved;
18 because the land applied for was embraced in the 157,600 acres of land which the
Commission caused to be segregated for the Delaware Indians pending the determi-
nation of the suit instituted in the Court of Claims by the Delawares against the
Cherokee Nation, and 6 because the land applied for included improvements belong-
ing to the Cherokee Orphan Asylum on Grand River, which had not been paid for
by the allottee as provided in section 71 of the Cherokee agreement.
During the month just past many difficult and perplexing problems have arisen
relative to the allotment of land and the designation of homesteads, and this, in
addition to the fact that the majority of the office force had little or no previous
experience in land office work, necessarily measurably retarded the allotment of
lands. Certain modifications in the plan of receiving applications have been decided
upon which will make possible more rapid progress in the future without decreasing
the efficiency of the work.
*******
Respectfully submitted.
Tams Bixby, Acting Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner,
( Through the Commissioner of Indian Affairs.)
No. 29.
Department of the Interior,
Washington, Man-It 2, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your monthly report, dated February
13, 1903, forwarded by the Acting Commissioner of Indian Affairs on February 25,
same year, and due notice has been taken of the statements made therein.
Respectfully,
Tiios. Ryan, Acting Secretary.
2<4 ALLOTMENT OV LANDS TO DELAWARE INDIANS.
No. 30.
Department of the Interior, Office of Indian Affairs,
Washington, March ./;, 1903.
The Secretary of the Interior.
Sir: I have the honor to forward herewith monthly report of the Commission to
the Five Civilized Tribes for the month of February, 1903, the report being dated
March 7, 1903.
In this connection permit me to say that there are now pending in this office the
following citizenship cases:
Mississippi Choctaw 91
Choctaws by blood 108
Chickasaws 2
Cherokees 65
Creek 1
Very respectfully,
A. C. Tonner, Acting Commissioner,
No. 31.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. 71, March 17, 1903.
The Secretary of the Interior.
Sir: We have the honor to respectfully submit herewith the following statement
of the work of the Commission to the Five Civilized Tribes for the month of Feb-
ruary, 1903:
*******
CHEROKEE ALLOTMENT DIVISION.
One thousand three hundred and fifty-eight tickets of admission to the Cherokee
land office were issued, making a total of 5,486 issued since the office was opened
January 1, 1903. Approximately 2,000 have been called, but only 468 responded,
making a total of 910 tickets taken up since January 1.
Three hundred anil eighty-eight citizenship certificates embracing 1,046 applicants,
and 168 reservation certificates, embracing 353 applicants, were issued.
Applications for 1,673 allotments and homesteads were received during February.
Of this number 1 ,193 were approved. The approval of 372 was withheld because the
enrollment of the applicants as citizens of the Cherokee Nation had not been finally
approved by the Secretary of the Interior; 51 because the land applied for had already
been allotted; 38 because the land applied for was embraced in the 157,600 acres of
land which the Commission caused to be segregated for the Delaware Indians, pend-
ing the determination of the suit instituted in the Court of Claims, and in the Supreme
Court if appealed, by the Delawares against the Cherokee Nation, and !» because the
land applied for was embraced in tentative reservations heretofore made for certain
towns in the Cherokee Nation.
During the month there were approved by the Secretary of the Interior schedules
in which were embraced the names of 206 persons whose applications for allotments
had previously been received. Thereupon the applications were made regular.
Twenty-two are still being held, as the land fur which the applicants apply has
already been alloted to other citizens and for various other purposes.
Seven hundred and fifty certificates of allotment and 500 homestead certificates
have been written and await distribution.
Owing to the great amount of rain in this section of the nation in the past two
months the roads are quite impassable, and it is almost impossible for those persons
who have to travel overland to appear at the land office and make their selection of
allotments.
Almost all of the applicants who have appeared to date are those who live within
easy reach of the railroads leading to Vinita. But few of the fullbloods have
appeared. The majority of them reside north and east of Tahlequahand it has been
impossible for them to cross Grand Kiver, wdiich has been extremely high during the
entire month.
Had the required number of applicants appeared, it is believed that not less than
2,000 allotments would have been made during the month just ended.
*******
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 25
ALLOTMENT CONTEST DIVISION.
The progress of the work in the allotment contest division during the month of
February and the condition of contested allotment cases at the close of the month as
indicated by the records of that division are shown by the following detailed statement:
*******
CHEROKEE NATION.
Contests instituted prior to February 1
Contests tiled during February 24
Complaints returned for correction during February 18
Contests instituted during February 6
The condition of the 6 Cherokee cases pending before the Commission on February
28 was as follows:
Awaiting final determination of citizenship 1
Set for trial 5
Total 6
Respectfully submitted.
Tams Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Bbeckinkidge, Commissioner.
W. F. Stanley, Commissioner.
(Through the Commissioner of Indian Affairs.)
No. 32.
Department of the Interior,
Washington, March 30, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Tnd. T.
Gentlemen: The Department is in receipl of your monthly report, datedMarch 37,
1903, detailing the work done by your Commission during the month of February,
1903, and you are informed that the same lias been examined and is hereby approved.
A copy of the report of the Acting Commissioner of Indian Affairs, in which he
gives the number of citizenship cases that are pending in the Indian < >ffice, is inclosed
herewith.
Respectfully, Thos. Ryan, Acting Secretary.
No. 33.
Vinita, Ind. T., April 18, 1003.
lion. E. A. Hitchcock,
Secretary of the Interior, Washington, D. C.
Sir: On January 1, 1903, a land office was established at Vinita, in the Cherokee
Nation, and about 6,000 allotments have been partly made, as, owing to the classifi-
cation and the appraisement of the lands more nearly contiguous to Vinita, it is
impossible to select an entire allotment out of such lands. This 6,000 represents
only about one-fourth of the number who desire to file at this place. Admittance
cards have been issued to about 6,000 heads of families, representing some 24,000
allottees. Now it is the expressed intention of the Commission to move the present
land office from Vinita to Tahlequah on May 1, 1903, which move will entail a great
hardship on about 18,000 alii ittees who live much nearer this place and have expected
to file here, and have been unable to do so owing to the fact that only 60 to 100
filings can be made per day.
A -rcat number of full-bloods from the eastern portion of the nation have presented
themselves at the land office, and in a great many instances the citizens of Vinita
and the surrounding country have, in order to enable them to file as soon as possible,
refrained from presenting themselves at the land office, so that there are hundreds of
people in this vicinity who have not filed. In my opinion (and I am trying to act for the
best interests of the whole Cherokee people), it will be very unjust to force these
26 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
citizens of the northern portion of the Cherokee Nation to go to Tahlequah, which
is situated from 50 to L50 miles from their homes. By reference to the inclosed map
it will be seen that Vinita is almost the geographical center of the northern portion
of the Cherokee Nation, and is the center of the prairie and more populous portion.
It will also appear that four-fifths of the agricultural lands of the Cherokee Nation
are located nearer Vinita than to Tahlequah, with convenient railroad connection.
It is a ruling of the Commission that parties selecting lands shall personally inspect
the lands before filing, so that nearly all of those coming from the eastern portion of
the nation to the western portion to' select their allotments would find it less expen-
sive and more convenient to rile at Vinita. Certainly those who live and allot in the
western and northern portions of the nation should not be compelled to go to Tahle-
quah to file. If, then, these people are to be accommodated the office should not be
removed at the present time. It is located in a commodious and well adapted brick
building, and with ample fireproof vaults, and from personal knowledge of the people
and the country as well as daily observation of the progress of the work, I am sure
the office should not be moved till these people shall have had the opportunity to
file at home. I recognize that the land office should be removed to Tahlequah at a
later date in order that the people of the southern and eastern portion of the nation
may be accommodated at home, and I respectfully ask that as soon as the work is
practically completed here that this be done.
On the 16th of the present month I visited the headquarters of the Commission at
Muscogee in order to urge in person upon the Commission what it appears to me
would be for the best interest of the Cherokee people as regards the location of the
land offices. Only one member of the Commission was at Muscogee at the time, and
therefore I was not able to get an expression from the Commission, but I am satisfied
that the removal of the land office at the present time to Tahlequah would not be
for the best interest of the Cherokee Nation, and I respectfully ask that this be not
done till the people in the northern and western portions shall have had anopportu-
nity to complete their filings.
Very respectfully, T. M. Buffington, Principal, Chief.
No. 34.
Vinita, Ind. T., April 20, 1903.
To Secretary of the Interior, Washington, D. C:
Have this day mailed yon letter giving some of the more potent reasons for con-
tinuing land office at Vinita for several months.
T. M. Buffington, Principal Chief.
No. 35.
Department of the Interior,
Washington, April 25, 1903.
Hon. T. M. Buffington,
Principal Chief , Cherokee Nation, Vinita, Ind. T.
Sir: Receipt is hereby acknowledged of your letter of the 18th instant, requesting
that the land office at Vinita be continued there until the northern and western
Cherokees have an opportunity to complete their filings, and you are advised that
the matter will he duly considered.
Respectfully, Thos. Ryan, Acting Secretary.
No. 36.
Tahlequah, Ind. T., April S3, 1903.
The Secretary of the Interior, Washington, l>. C.
Sir: Some time last fall, before the Commission to the Five Civilized Tribes decided
upon a location for the Cherokee land office, the town of Tahlequah, being the capi-
tal of the Cherokee Nation, centrally located, and right in the midst of the poorer
class of people of the Cherokee Nation, particularly the full bloods, and having the
greatest population of Cherokee citizen inhabitants of any town in the Cherokee
Nation, made an effort to yet the Commission to locate the land office at Tahlequah,
Ind. T.
Other towns at that time were applicants for the location of this office, and con-
siderable rivalry manifested itself between the towns presenting their claims to the
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 27
Commission, and among them the town of Vinita asked that the office be located at
that place.
After much consideration by the Commission it was decided, with the consent of
the representatives of the town of Tahlequah, and particularly and emphatically
agreed to by the representatives of the town of Vinita, that the Cherokee land office
should be opened at Vinita on January 1, 1903, and continued there until May 1,
L903, when the same should be removed to the town of Tahlequah; and the notices
published prior to January 1, 1903, by the Commissioners were to that effect, so that
all persons had due notice of the same.
The land office, in accordance with these notices, was opened at Vinita on the 1st
of January, 1903, but under the notice will be removed to Tahlequah on the 1st day
of May.
I have understood that strong efforts are being made to induce the Secretary of
the Interior to overrule the decision of the Commission to the Five Civilized Tribes
and compel the Commission to retain the land office at Vinita for a longer period of
time. Behind this move must be the citizens and residents of the town of Vinita,
which is indeed bad faith upon their part, because they emphatically agreed with
the Commission last fall that the division of time was fair, and that they would not
ask for a retention of the office at their town for a longer time than May 1, 1903.
Representations will no doubt be made that parties in the vicinity of Vinita have
not had an opportunity to hie upon their lands, and therefore it will be a great hard-
ship on these people to have the land office removed before such opportunity is
given.
This is not true. PAery citizen in the town of Vinita or vicinity who desired to
tile upon his land has had abundant opportunity to do so. No person who presented
himself for a riling number during the two months of January and February has
failed to hie, who presented himself for that purpose before the Commission, and you
will well know that there was no person living in the town of Vinita or the vicinity
thereof who could not have gotten to the Commission and asked for a number during
those two months. It is true some of those parties have not riled, but it is not
because there was not an abundant opportunity. The truth of it is, that a great many
people who live up in that country have not cared to hie. They are excessive land-
holders, and, of course, if they make a selection of a certain tract of land before their
excessive lands are disposed of, it would leave the excessive lands open to be taken
by the poorer class of people, whereas if they can put their filings off a year or two it
will permit them to get rents from this land during that length of time.
The town of Vinita is within 30 miles of the Kansas line, and the Cherokee Nation
is about 150 miles long, north and south. The town of Tahlequah is much more
centrally located, it being about the center of the nation, north and south and east
and west. It is about centrally located as far as the Cherokee citizens are con-
cerned, also. It has a larger number of citizen inhabitants than any other town in
the Cherokee Nation; it has plenty of running water through it, where the people
during the spring and summer can camp and make themselves comfortable, and
there is no doubt but that Tahlequah would be much more convenient for a great
majority of the people of the Cherokee Nation than would Vinita.
Again, at Vinita a number of contests have been instituted, which have been set
for hearing at Tahlequah in May; and in fact all notices given by the Commission,
of every kind and character, for anything to be done after May 1 have been set at
Tahlequah, and if this removal of the Commission is canceled, all notices will have
to be given anew.
When the agreement was made last fall and the notice published the citizens of
the town of Tahlequah were required to build a building at a cost of 810,000 for the
Commission. This has been done and is now completed and ready to be occupied
by the Commission. Because of the rain and bad weather during the past winter,
and because the work had to be rushed to completion, the expense was far greater
than it would have been had the work not been required prior to May 1, 1903.
I have no hesitancy in saying that it would be a great injustice to the Cherokee
people to retain the office longer at Vinita, Ind. T.. and that the great body of the
people would be subserved by the order of the Commission being complied with and
the Commission permitted to remove to Tahlequah at the time advertised, namely,
May 1, 1003.
I only write this letter because it has come to me that efforts are being made by
the residents of the town of Vinita to influence Senators and Congressmen to induce
the Secretary of the Interior to have the Commission rescind their order and to
remain at Vinita longer than May 1, 1903.
Respectfully, yours, W. W. Hastings,
Attorney for tin: Cherokee Nation.
28 ALLOTMENT OF LANDS To DELAWARE INDIANS.
No. 37.
Department of the Interior,
Commission to the Five Civilized Tribes.
Muscogee, Ind. 7'., May 1, 1903.
Hon. Ethan A. Hitchcock,
Lindell Hotel, St. Louis, Mo.
Sir: The Commission U in receipt of a telegram from Mr. W. Scott Smith, private
secretary, of even date herewith, which reads as follows:
"Morning papers report that you closed Vinita office last night. Secretary desires
to know if this is so and what is the situation."
The following reply by telegraph to Mr. Smith has been made this day:
"Referring your telegram even date, Commission closed Cherokee land office,
Vinita, last night, and moved same to-day to Tahlequah. Full explanation follows
by mail."
"Confirming said reply I have the honor to report that on < >ctober 1, 1902, the Com-
mission made public announcement that the Cherokee land office would be opened
at Vinita, Ind. T., on January 1, 1903, and that:
"Said office will be maintained at Vinita, Ind. T., until April 30, 1903, and then
removed to Tahlequah, Ind.T., where said office will be opened May 4, 1903, and
maintained indefinitely."
Said announcement was given wide publicity through the public press, and by
mail to hundreds of prominent members of the tribe, and displayed in the post-
offices, stores, and other public places throughout the Cherokee Nation.
Tahlequah is situated in the heart of the districts occupied by the full-blood Chero-
kees; is the only town in the nation which the majority of them are accustomed to
visiting, and the only place offering suitable advantages and an adequate supply of
water for their camps.
No question as to the advisability of the Commission keeping this appointment,
which the full-bloods have looked forward to for the last six months, occurred until
within the past few days. This question was raised only by citizens of the town of
Vinita. No request for the retention of the land, office at Vinita for a longer period
than that advertised was received from any members of the tribe desiring to take
allotments of land. On the contrary, the only expression of opinion on the subject
by prospective allottees was from two hundred or more of such citizens, who peti-
tioned that the appointment made by the Commission at Tahlequah be kept as
originally announced.
Under* date of April 27, 1903, the Acting Secretary of the Interior telegraphed the
Commission as follows:
"Suggest Commission, if practicable, delay removal of land office from Vinitia
until arrival of Secretary at Muscogee, approximately May 7. He wishes to confer
with you in regard to it."
On the same date, referring to the telegram of the Acting Secretary, the following
messages were telegraphed to the Department:
"Telegram of this date received. All arrangements made to keep Tahlequah
appointment May 1, information of which is widely disseminated. Extremely
important to keep this appointment in full-blood region and to press the work at
this time among them. Much better to return to western part of the nation at a
later date if necessity therefor shall appear as work progresses. Any interruption
now would greatly embarrass the Commission and the Government work.
"Bixbv, Chairman."
"I strongly concur in telegram of Chairman Bixby of this date as to importance
of keeping promptly the Tahlequah appointment. Perfectly easy to return to west-
ern part of nation at later date if we find it desirable to do so, as we likely shall.
"C. R. Breckinridge,
"Commissioner in Chargi of Cheroket Allotment"
On the following date, April 28, 1903, the Acting Secretary telegraphed the chair-
man of the Commission as follows:
" Referring to your telegram of yesterday, Department will not interfere in Tahle-
quah appointment."
In conformity to the announcement of the Commission of October 1, 1902, above
referred to, the land office at Vinita was closed on the evening of April 30, 1903, and
the records of the office shipped to Tahlequah, Ind. T., where preparations are now
being made to open said office on the morning of May 4, 1903.
Respectfully,
Tams Bixby, Chairman.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 29
No. 38.
Department of the Interior,
Washington, May 6, 1903.
Mr. W. W. Hastings,
Attorney for Cherokee Nation, Tahlequah, Ind. T.
Sir: Replying to your letter dated April 23 last, you are informed that the
Department decided "not to interfere in the matter of the removal by the Commission
to the Five Civilized Tribes of the land office from Vinita to Tahlequah on the 1st
instant.
Respectfully, Thos. Ryan, Acting Secretary.
No. 39.
April 18, L903.
The Secretary of the Interior and Commissioner of Indian Affairs.
Gentlemen: When Congress passed the act entitled "An act for the protection of
the people of the Indian Territory, and for other purposes," which was approved
June 28, 1898, and known as the ""Curtis Act," provision was made by section 25
thereof for the protection of the rights of the Delaware Indians in the Cherokee
Nation to the effect that before any allotments of lands should be made in the
Cherokee Nation there should be segregated therefrom, by the Commission to the
Five Civilized Tribes, in separate allotments or otherwise, the 157,600 acres purchased
by the Delawares from the Cherokees under the agreement of April 8, 1867. Fol-
lowing this was a provision referring to the Court of Claims and the Supreme Court
of the United States the question of the rights of the Delawares to these lands and to
other allotments and their interest in the Cherokee tribal lands and funds.
No action was taken by the Commission to comply with this provision of the Cur-
tis Act until the passage of the act of Congress approved July 1, 1902, which was
ratified by the Cherokees at a general election August 7, 1902, which act also pro-
vided, in section 23 thereof, as follows:
"Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall
take lands and share in the funds of the tribe, as their rights may be determined by
the judgment of the Court of Claims or by the Supreme Court if appealed, in the
suit instituted therein by the Delawares against the Cherokee Nation and now pend-
ing, but if said suit be not determined before said Commission is ready to begin the
allotment of lands of the tribe as herein provided the Commission shall cause to be
segregated one hundred and fifty-seven thousand six hundred acres of land, includ-
ng lands winch have been selected and occupied by the Delawares in conformity to
the provisions of their agreement with the Cherokees dated April eighth, eighteen
hundred and sixty-seven, said lands so to remain subject to disposition according to
such judgment as may be rendered in said cause, and said Commission shall there-
upon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said
Commission shall, when final judgment is rendered, allot lands to such Delawares
in conformity to the terms of the judgment and their individual rights thereunder.
Nothing in tins act shall in any manner impair the rights of either party to said con-
tract as the same may be finally determined by the court or shall interfere with the
holdings of the Delawares under their contract with the Cherokees of April eighth,
eighteen hundred and sixty-seven, until their rights under said contract are deter-
mined by the courts in their suit now pending against the Cherokees, and said suit
shall be'advanced on the dockets of said courts and determined at the earliest time
practicable."
In anticipation of the allotment of the lands of the Cherokee Nation, and in con-
formity with the provisions of said section 23 above quoted, the Delaware Indians,
through me as their authorized attorney in fact and representative, filed, in Decem-
ber, 1902, with the Commission to the Five Civilized Tribes a list of selections of land,
aggregating about 157,600 acres, as and for their selections, to be segregated , as in said
section provided. Certain minor errors being found in some of these descriptions, an
amended and corrected list was forwarded to said Commission, at its request, in Jan-
uary, 1903, which said list of selections contained the description of 157,600 acres of
land, was received, accepted and placed on file by said Commission as and for the
Delaware lands segregated under the authority of said act.
On February 2, 1903, a decree was passed by the Court of Claims in the case of t he-
Delaware Indians against the Cherokee Nation, and on March li» an appeal was filed
in the Supreme Court of the United States, where said case is now pending.
I desire to submit that the Commission to the Five Civilized Tribes, having exer-
cised the authority vested in them by the act of July 1, 1902, above referred to, in
30 ALLOTMENT OF LANDS TO DKLAWAKK INDIANS.
thi' segregation of the Delaware lands, their authority and jurisdiction over the lands
thus segregated is exhausted until the final determination of the suit of the I ''-law ares
against the Cherokees by the Supreme Court of the United states, and they have no
further power to do any other act with reference to said lands. The act in question
having provided that this segregation being made, the Commission should proceed
to allot the remaining lands of the Cherokee tribe, they had no more power to receive
any application for or to perform any act concerning any of the lands embraced within
the Delaware selections than if these lands had been within the Osage Reservation
in Oklahoma or had never been any part of the lands of the Cherokee tribe.
During the last week I have been in receipt of many letters and telegrams from
Delaware Indians residing in the Indian Territory and occupying parts of the segre-
gated lands above mentioned, who have received notification from the Commission
that certain Cherokees have made tilings upon lands occupied by said Delawares and
within the segregated lands herein referred to, and notifying such Delawares to
appear and file contests.
This action, which seems to indicate that the Commission does not intend to treat
the segregated lands as withdrawn from selection by Cherokees, would, if carried
out, effect a nullification of the act of Congress referred to and deprive the Delawares
of all the protection for which Congress inserted the clause above referred to in the
act of July 1, 1902. If such action could be sustained as to one or several selections
it could be sustained as to all; and there would be no segregated land. This would
deprive the Delawares of their property rights, for they can not take their allotments
at this time and will not be allowed to do so until the case now pending in the
Supreme Court of the United States shall have been finally determined, which, as I
am informed by the clerk of that court, will probably not be for a year or more.
The Delaware Indians, acting under the advice of the Department of the Interior
and the Indian agent, Leo E. Bennett, some years ago spent almost all their tribal
funds, which amounted to about $1,000,000, in the improvement of their homes in
the Cherokee Nation, embraced in the segregation referred to. They have always
been loyal to the United States, have been law-abiding and peaceful in the Cherokee
Nation, and' now deserve the protection of the Government to the fullest extent, and
it was the intention of Congress to extend this protection and make it fully effective.
But if the law is to be interpreted as seems now to be the purpose of the Commission,
it will become inoperative and valueless and might as well never have been enacted.
In view of this situation I desire to appeal to you to take such action in this matter
as you maj 7 deem expedient and necessary to protect the rights of my people and
give due force and vitality to the act of Congress which provided for the segregation
of these lands, in order that they might remain undisturbed till the final issue of the
Delaware-Cherokee suit.
Very respectfully, Richard C. Adams.
No. 40.
Department of the Interior, Office of Indtan Affairs,
Washington, April 28, 1903.
The Secretary of the Interior.
Sir: Referring to the office report of November 22, 1902, to Department letter of
November 25, 1902, to office report of March 27, 1903, and to Department letter of
March 30, 1903, there is inclosed herewith a communication from Mr. Richard C.
Adams, dated April IS, 1903, relative to the segregation of Delaware lands in the
Cherokee Nation, Ind. T., in accordance with the provisions of the Cherokee
agreement.
Mr. Adams invites attention to the provision of section 25 of the Curtis Act, which
authorized the Delawares residing in the Cherokee Nation to bring suit in the Court
of Claims against the Cherokee Nation for the purpose of determining the rights of
the Delawares in and to the lands and funds of said nation, under the Cherokee-
Delaware agreement of April 8, 1867, and declares that "before any allotment shall
be made from said lands in the Cherokee Nation there shall be segregated therefrom
by the Commission heretofore mentioned, in separate allotments, or otherwise, the
157,600 acres purchased by the Delaware tribe of Indians from the Cherokee Nation"
under the agreement of April 8, 1867.
He states that no action was taken by the Commission to the Five Civilized Tril les,
as required by the provisions of section 25 of the Curtis Act, until after the ratifica-
tion of the agreement, and invites attention to section 23 of said agreement, which is
as follows:
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 31
"Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall
take lands and share in the funds of the tribe, as their rights may be determined by
the judgment of the Court of Claims, or by the Supreme Court if appealed, in the suit
instituted therein by the Delaware* against the Cherokee Nation, and now pending;
but if said suit be not determiired before said Commission is ready to begin the allot-
ment of lands of the tribe as herein provided, the Commission shall cause to be seg-
regated one hundred and fifty-seven thousand six hundred acres of land, including
lands which have been selected and occupied by Delawares in conformity to the pro-
visions of their agreement with the Cherokees dated April eighth, eighteen hundred
and sixty-seven, such lands so to remain, subject to disposition according to such judg-
ment as may be rendered in said cause; and said Commission shall thereupon proceed
to the allotment of the remaining lands of the tribe as aforesaid. Said Commission
shall, when final judgment is rendered, allot lands to such Delawares in conformity
to the terms of the judgment and their individual rights thereunder. Nothing in this
act shall in any manner impair the rights of either party to said contract as the same
may be finally determined by the court, or shall interfere with the holdings of the
Delawares, under their contract with the Cherokees of April eighth, eighteen hundred
and sixty-seven, until their rights under said contract are determined by the courts
in their suit now {lending against the Cherokees, and said suit shall be advanced on
the dockets of said courts and determined at the earliest time practicable."
He states that in anticipation of the allotment of the lands of the Cherokee Nation
in conformity with the provisions of section 23, the Delaware Indians through him,
as their authorized attorney in fact and representative, tiled with the Commission in
December last a list of selections of land, aggregating about 157,600 acres as Delaware
selection to be segregated in accordance with section 23 of the agreement; that cer-
tain minor errors were found in some of the descriptions; that a corrected list was
forwarded to the Commission at its request in January, 1903, which said list contained
the descriptions of 157,600 acres of land, and "was received, accepted, and placed on
file by said Commission, as and for the Delaware lands segregated under the authority
of said act."
He further states that on February 2 last a decree was entered by the Court of
Claims in the case of the Delawares v. The Cherokees; that on March 19, 1903, an
appeal was taken to the Supreme Court from the decision of the Court of Claims,
and that said case is now pending in the Supreme Court of the United States; and he
takes the position that the Commission to the Five Civilized Tribes, having exercised
the authority vested in it by the Cherokee agreement in segregating the Delaware
lands, has no authority or jurisdiction over the lands so segregated until final deter-
mination of the suit of the Delawares v. The Cherokees by the Supreme ( !ourt of the
United States, and that it has "no further power to do any other act with reference
to said lands."
He then states that the agreement provides that after said segregation shall have
been made the Commission shall proceed to allot the remaining lands of the Chero-
kee tribe, and he concludes that the Commission has "no more power to receive any
application for or to perform any act concerning any of the lands embraced within
the Delaware selections than if these lands had been within the Osage Reservation,
in ( Oklahoma, or had never been any part of the lands of the Cherokee tribe."
Mr. Adams states that recently he has received many letters and telegrams from
Delaware Indians residing in the Indian Territory and occupying parts of the segre-
gated lands, stating that they have been notified by the Commission to the Five
Civilized Tribes that certain Cherokees have filed upon the lands occupied by the
Delawares referred to, which lands are "within the segregated lands herein referred
to, and notifying such Delawares to appear and file contests;" that this action seems
to indicate that the Commission does not intend to treat the segregated lands as with-
drawn from selection by the Cherokees; that if such action is carried out it will, in
effect, nullify section 23 of the Cherokee agreement and deprive the Delawares of
the protection which Congress intended to guarantee them by the provisions of said
section; that if said action should be sustained as to one or several selections it could
be sustained as to all, and there would therefore be no segregated lands; that such
action would deprive the Delawares of their property rights, for the reason that they
can not take their allotments at this time, and will not be allowed to do so until the
case pending before the Supreme Court shall have been finally determined, and that
he has been informed by the clerk of the Supreme Court that the case will probably
not be disposed of for a year or more.
Mr. Adams then states that the Delaware Indians, acting under the advice of the
Department, and the theji Indian agent, Mr. Leo E. Bennett, spent almost all their
tribal funds, which amounted to about $1,000,000, in the improvement of their homes
in the Cherokee Nation embraced in the segregation referred to by him; that they
32 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
have been Loyal to the United States; have been law-abiding and peaceful in the
Oherokee Nation; that they deserve the protection of the Government to the fullest
extent; that it was the intention of Congress to extend this protection and make it
fullv effective; thai if the law is interpreted as it seems to have been interpreted by
the Commission it will become inoperative, and he. appeals to the Department to
take such action in the premises as may be expedient and necessary to protect the
interests of the Delaware people, and give due force and validity to section 23 of the
agreement.
The Commission in its report of < >ctober 20 last, relative to the request of Mr. Wal-
ter S. Logan, attorney for the Delawares in their suit against the Cherokees, gave it
as its opinion that the law does not contemplate that each Delaware shall have an
allotment of land equal to the per capita shareof each Cherokee, "in addition to the
allotment each such Delaware shall receive from the 157,600 acres to he segregated
pending the determination of said suit, and that to adopt the contrary view in pro-
ceeding with the Cherokee allotment would place at a serious disadvantage innu-
merable Cherokees, who, unlike the Delawares, have neither improved lands nor
homes of their own."
It was stated by the Commission that the lands to be segregated for the Delawares
should include that "occupied and improved by them, and upon which they are now
living."
In said report the Commission held that it had no authority under the law- to make
allotments for Delawares of land not embraced in the segregation required by the
agreement; that the allotments to the Cherokees should begin at the earliest possible
date; that upon the application of any Delaware citizen there should be reserved
from allotment until the determination of the Delaware-Cherokee suit such lands not
embraced in the segregation, and not exceeding an amount equal to 110 acres of the
average allotable land of the Cherokee Nation, "as contain permanent and valuable
improvements owned by such Delaware citizen."
The Office concurred in the views expressed by the Commission, and recommended
the approval of the Commission's report.
November 29, 1902, the Department concurred in the views expressed by the Com-
mission and this Office, and so advised Mr. Logan.
In the Commission's report of March 17, 1903, relative to the work performed dur-
ing the month of February, 1903, which was transmitted with office report of March
27 last, it is stated, under the heading "Cherokee allotment division" (see p. 21 ), that
"application for 1,673 allotments and homesteads were received during February.
* * * The approval of 372 was withheld because the enrollment of the applicants
as citizens of the Cherokee Nation had not been finally approved by the Secretary of
the Interior, * * * 38 because the land applied for was embraced in the 157,600
acres of land which the Commission caused to be segregated for the Delaware Indians
pending the determination of the suit instituted in the Court of Claims, and in the
Supreme Court if appealed, by the Delawares against the Cherokee Nation."
From said monthly report it would appear, as stated by Mr. Adams in his com-
munication, that the 'Commission to the Five Civilized Tribes has, in accordance with
the provisions of section 23 of the Cherokee agreement, segregated the 157,600 acres
hereinbefore mentioned.
The Commission's report of March 17, 1903, was approved by the Department on
March 31 last. If the Commission had theretofore segregated said land — and from
the correspondence it seems it had — the Department's approval of said report is, in
effect, the approval of said segregation.
Section 23 of the Cherokee agreement specifically declares that the 157,600 acres
purchased by the Delawares from the Cherokees shall be segregated from allotment
if the suit hereinbefore mentioned has not been determined when the Commission
shall be ready to commence making allotments in the Cherokee Nation, "so to remain
subject to disposition according to such judgment as may be rendered in said case."
(Italics mine.)
Section 6 of the Cherokee agreement declares that the word "select" and its
various modifications shall be held to mean "the formal application at the land
office to be established by the Dawes Commission for the Cherokee Nation for par-
ticular tracts of land."
When the Commission was ready to commence the allotment of the Cherokee
lands, inasmuch as the Delaware-Cherokee suit had not been finally determined, it
became its duty to segregate the land claimed by the Delawares. This duty was
obligatory and not discretionary. The records show that the Commission did segre-
gate said land, and the lands so segregated are not susceptible of allotment at this
time, and will not be, under the law as it exists, until the pending suit shall have
been finallv decided.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 33
The Office does not believe that the Commission has any authority to allot any of
the lands segregated during the pendency of said suit to Cherokee citizens, whether
of Delaware blood or otherwise. If any citizen of the Cherokee Nation applies to
the Commission for an allotment of any of the lands segregated, his application, the
Office believes, should be rejected. The land is not susceptible of allotment, and if
the Commission were to receive and file an application, and even mark it "rejected,"
it is possible that it would complicate matters, on account of the provisions of section
6 of the agreement, although it would seem that under the law no action of the Com-
mission, or of any citizen of the nation, can in any way affect the segregated land
until the determination of the Delaware-Cherokee suit. Cherokee citizens have the
right to select any lands susceptible of allotment not segregated or in the possession
of some citizen of the nation as his pro rata share of Cherokee lands. If the Com-
mission permits Cherokee citizens to select any part of the segregated land and issues
allotment certificates therefor, or even if it accepts the application, such action is
almost sure to complicate matters, especially if the suit is finally determined in favor
of the Delawares. Furthermore, it would seem from the law that the Commission
has no jurisdiction at this time of the segregated lands, so far as allotting them is
concerned, and will have no jurisdiction in that capacity, as the law exists, until the
suit shall have been finally determined.
Ordinarily a matter of this sort should first be referred to the Commission for con-
sideration and report, but inasmuch as Mr. Adams states positively that the
Commission has permitted Cherokee citizens to select Delaware segregated lands
the Office has deemed it proper to express its views, and it is suggested that the
matter be brought to the attention of the Commission, with direction not to con-
tinue to allow Cherokee citizens to select any of said lands, if it has in fact done so,
until such time as it shall have been fully instructed in the premises by the
Department.
It is respectfully recommended that the Commission be directed as herein
suggested, and that the whole matter be referred to the Commission for early report.
Very respectfully,
A. C. Tonner, Acting Commissioner.
No. 41.
Department op the Interior, Office of Indian Affairs,
Washington, April SO, 1903.
The Secretary of the Interior.
Sir: Referring to Office report of April 28, 1903, relative to the Cherokee lands
segregated by the Commission to the Five Civilized Tribes, in accordance with the
provisions of section 23 of the Cherokee agreement, there is inclosed herewith a
report from the Commission, dated April 20, 1903, pertaining to the same subject.
In said report the Commission quotes section 23 of the agreement; quote from the
Commission's report of October 20, 1902, as follows:
"The 157,600 acres of land to be segregated for the Delawares are to include lands
Heretofore selected, occupied, and improved by them, and upon which all of said
Delawares are living, as is set forth on page 10 of their petition in the suit now pend-
ing in the Court of Claims, as follows:
" 'That thereupon the said Dehvwares selected the said 157,600 acres of land from
the said Cherokee Reservation east of line 96, not theretofore selected or in posses-
sion of other parties, entered into the occupancy and possession of the same and
made extensive and valuable improvements thereon, and they, their children,
descendants, heirs-at-law, and personal representatives have continued to occupy
and possess the said lands and the said improvements, and have continued to make
extensive and valuable improvements thereon, and to reside thereon down to the
present time.' " * * *
And from Department letter of November 29, 1902, in which the Commission was
advised that —
"The Department is in receipt of your report, dated October 20, 1902, in regard to
a communication from Mr. Walter S. Logan, concerning the suit of the Delaware
Indians against the Cherokee Nation, now pending in the Court of Claims.
"The Department concurs in the views expressed by your Commission, and has
advised Mr. Logan to that effect. The Commissioner of Indian Affairs also
concurred."
It is then stated that on December 16, 1902, there was filed with the Commission
an amended schedule of lands selected by the Delawares in the Cherokee Nation;
S. Doc. 104 3
34 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
thai this schedule embodied the stipulation of counsel for the Delawares and Chero-
kees, which, omitting the title, is as follows:
" In pursuance of leave reserved and granted by the court upon the final hearing
of this ease, it is hereby stipulated and agreed that the record herein be amended by
substituting in the place of the incorred descriptions given in the record herein of
the 157,600 acres selected and claimed by the Delawares, the annexed descriptions,
which, upon careful examination, havebeen found correct.
"And it is further stipulated and agreed that the court may. in its decision and
final judgment herein, use the annexed correct descriptions in the place of the incor-
rect descriptions contained in said record: Provided, however, Such substituted
descriptions do not interfere with the lawful rights or claims of other Cherokee
citizens.
"Walter S. Logan, Attorney for Petitioners.
"William T. Hutchings, Attorney for Respondent.
"Washington, D. C, December 10, 1.903."
The report shows that on December 17, 1902, the Commission adopted the follow-
ing resolution:
"Be it resolved by the Commission, That the acting chairman cause to be set aside
and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the
provisions of section 23 of the act of Congress approved July 1, 1902( Public — No. 241),
subject to disposition according to such judgment as may be rendered in the case of
the Delaware Indians v. the Cherokee Nation, now pending in the United States
Court of Claims and as shown by the description of said land in the stipulation of
counsel for parties in said case, dated at Washington, D. C, December 10, 1902."
The Commission states that in proceeding to carry the resolutii >n into effect, numer-
ous errors and discrepancies were discovered in the schedule; that on January •">,
1903, the attention of Walter S. Logan and William T. Hutchings, counsel for the
petitioners and respondent, respectively, was called to said errors and discrepancies.
A copy of the Commission's communication of the date last mentioned is among the
papers and is marked "Exhibit A."
The report shows that on January 2:!, 1903, Mr. Richard C. Adams, who claims to
represent the Delaware Indians, furnished the Commission with a copy of a "second
amended schedule of lands selected by the Delawares in the Cherokee Nation, as
per stipulation of counsel," which contains an additional stipulation by counsel, as
follows:
"We a^ree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 46, "d, 54, 63,
72, 73, and 74, being two corrections on pages !», 42, 46, 63, and one on each of the
other pages, subject to the above proviso."
The Commission states that the "above proviso" in the additional stipulation
refers to the following: "Provided, however, such substituted descriptions do not
interfere with the lawful rights or claims of other Cherokee citizens" contained in
the first stipulation. A copy of Mr. Adams's letter of January 15, 1903, transmitting
the second amended schedule, is among the papers and is marked "Exhibit II."
The Commission states that a comparison of the errors and discrepancies reported
to the counsel for the Delawares and-Cherokees, respectively, by the Commission,
with the corrections made in the second amended schedule, shows that the dis-
crepancies which counsel failed to correct pertain to lands reported by the Indian
inspector for the Indian Territory, to have been reserved by the Department for
town-site purposes; that the Commission advised the attorneys for the contending
parties that the schedule of Delaware lands "embraced 12.34 acres within the limits
of the town site of Bartlesville, 12.50 acres within the limits of the town site of
Lenepah, and 17.88 acres within the limits of the town site of Sallisaw," and that
Mr. Adams, in his letter of January 15 last, states that —
"On page 14 we take exception to the town of Bartlesville intruding on Delaware
lands. * * * On page 54, which you claim that part of the selection belongs to
the town of Lenapah, we do not concede this for the same reason as above — that is.
we had made the selections before the town was surveyed; * * * and on pages
7:; and 74 we contend that our rights to this land are older and better than the rights
of the town of Salisaw."
It is then stated that since the opening of the Cherokee allotment office at Vinita,
on January 1 last, a number of Cherokee citizens have made applications for allot-
ments of lands embraced wholly or in part in the segregation made for the Dela-
wares; that such citizens in many instances claim to have been in possession of the
lands applied for for years, and to own valuable improvements on the same, and
that no Delaware citizen has ever occupied such lands or owned any improvements
thereon; that action on this class of applications has been deferred, pending the
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 35
determination of the Delaware-Cherokee suit, and attention is invited to Mr. Adams's
communication of April 7, 1903, a copy of which is among the papers, and marked
"Exhibit C," wherein he states —
"My understanding is that the 157,600 acres of land is segregated, and that no
Cherokee will be allowed to file on this land or to receive allotment out of it until the
Supreme Court has finally passed upon the rights of the Delaware Indians."
A copy of a letter from Mr. Adams to the same effect, dated April 10, 1903, is
among the papers, and marked "Exhibit D."
The Commission states that from Mr. Adams's communication it "appears that,
notwithstanding the proviso in the stipulation of counsel that the substituted descrip-
tions are not to interfere with the lawful rights or claims of other Cherokee citizens,
the Delawares, through Mr. Adams, take the position that if the decision of the
Supreme Court is favorable to them the specific 157,600 acres described in the record
of the case will vest absolutely in the Delawares, notwithstanding any claims which
other Cherokee citizens may make to portions of the same lands;" that in addition
to the contention of the Delawares for the lands embraced within the limits of the
town sites mentioned, and for lands claimed "and in the possession of other Cherokee
citizens," a serious situation with reference to the Delaware segregation has devel-
oped in the work of allotment; that not a few Delaware citizens have presented them-
selves at the land office and asked to be allowed to make final selection of lands
containing their improvements and upon which they reside, claiming that no portion
of the lands occupied by them is included in the segregation; that the Commission
has been informally advised "of cases of numerous other Delaware citizens whose
improved lands are not included within said segregation, and the statement has been
frequently made that the representatives of the Delaware Indians, or their business
committee, refused to schedule for segregation the lands of any Delaware citizen
who failed to pay a pro rata share of the fee which said representatives or committee
demanded;" that the extent of the condition of affairs last mentioned is indicated
by the correspondence had with Mr. William Nairn, copies of which are among the
papers marked "Exhibit E;" that it is evident that while lands occupied by Dela-
ware citizens have not been included in the schedule of lands made a part of the
record in the suit commenced by the Delawares, "an amount of the public domain
of the Cherokee Nation sufficient to bring the total segregation up to 157,600 acres
has been included," and the Commission forwarded copies of the correspondence
of the clerk in charge of the Cherokee land office at Vinita, which copies are marked
"Exhibits F and G," and show that since the segregation of the lands for the Dela-
wares "by this Commission on December 17, 1902," the Department has fixed the
exterior limits of the town sites of North Tulsa and Lawton, in the Cherokee Nation,
which embrace 20 and 25 acres, respectively, of the amount theretofore included in
the Delaware segregation; that under the circumstances the Commission believes that
the land embraced in the original schedule, and in the first and. second amended
schedules, made a part of the record in the Delaware case, have not been selected
with due regard for the interests of either the Delaware citizens generally or other
citizens of the Cherokee Nation, and without any intention of conforming to the
laws pertaining to the establishment of town sites.
The Commission inclosed witli its report a copy of a communication addressed to
Hon. M. S. Quay, United States Senator from Pennsylvania, by Mr. Adams, on April
10, 1903, which was referred to the Commission by Senator Quay. Said copy is
marked "Exhibit H." Mr. Adams's communication of April 10, 1903, to Senator
Quay is almost identical with his letter of April 18, 1903, which was forwarded to
the Department with office report of April 28, 1903. In this communication he takes
the position that the Commission is without jurisdiction to receive applications of
Cherokee citizens for lands embraced within the Delaware segregation, and the Com-
mission states that this position is taken "notwithstanding the proviso of counsel in
the stipulation hereinbefore set forth providing for the protection of the property
rights of other Cherokee citizens."
The Commission believes that steps should be taken by the Department to guard
against the possibility of the Supreme Court, in rendering judgment in said case,
adopting the schedule "as the definite and specific tracts of land to which the Dela-
wares are entitled under their claim," and requests that the Department issue such
instructions as may be deemed proper in the premises.
From the papers before this Office it appears that the Commission has segregated
lands for the Delawares, if any segregation has been made, in accordance with sched-
ules furnished it by Mr. Adams.
December 17, 1902, the Commission adopted a resolution authorizing and empower-
ing the then acting chairman to segregate the Delaware lands as required by the
Cherokee agreement.
36 ALLOTMENT OK LANDS TO DELAWARE INDIANS.
The Commission stated in its report of March 17, 1903, relative to the Commission's
work during the month of February, that the lands had been segregated, and it
appears that the Commission considers that the lands were segregated as of date
December 17, 1902, the day the resolution was adopted, although the Commission's,
report shows that it accepted the second-amended schedule from Mr. Adams < in
January 23, 1903. There is nothing in the papers which shows that the Commission
or t lie present chairman of the Commission, in accordance with the resolution of
December 17 last segregated the lands referred to, except the Commission's com-
munication of January 5, 1903, addressed to Walter S. Logan and William T. 1 Ditch-
ings, a copy of which is among the papers. In that communication it is stated that
"the Commission has segregated and reserved from allotment, subject to disposition
according to such judgment as maybe rendered in said cause, 157,541.74 acres of
land in the Cherokee Nation, the same being the land described in said stipulation,
less 00 acres" accounted for as indicated in the Commission's communication.
The Commission's report and other papers do not show that the chairman of the
Commission actually segregated the land in accordance with said resolution, and
that his action was approved by the Commission. It seems that the Commission did
not investigate the matter and ascertain whether the lands it segregated or proposed
to segregate were "lands which have been selected and occupied by Delawares in
conformity to the provisions of their agreement with the Cherokees" of April 8,
1867, but that it simply took the schedule or schedules furnished it by Mr. Adams, and
that the segregation was made, if any has been made, in accordance with such
schedule or schedules, without investigation as to whether the lands described
therein were susceptible of segregation in accordance with the provisions of law. It
seems to this Office that the Commission should have first segregated all lands "which
have been selected and occupied by Delawares," and if the total amount segregated
did not aggregate the required amount, then segregate from the public domain lands
sufficient to make 157,600 acres.
If the Delaware Indians had "selected and occupied" more than 157,600 acres the
aggregate amount of the lands selected and occupied by them should have been
reduced, so that the total would not exceed 157,600 acres. This segregation, the
Office believes, should have been made by the Commission from its own records and
proper investigation, and not from the schedule or schedules furnished it by Mr.
Adams or anyone else representing the Delawares. The schedule or schedules fur-
nished by Mr. Adams could have been used by the Commission in connection with
the making of the segregation, but the Commission should not have simply segre-
gated the lands which he requested be segregated without proper investigation.
From the Commission's report it appears that the Commission segregated the lands
that Mr. Adams requested be segregated, and it seems, and, in fact, the Commission
states, that the lands purported to have been segregated do not include all of the
lands "selected and occupied by Delawares."
The records of this office do not show that the Deparment has been furnished
with the legal description of the lands alleged to have been segregated by the Com-
mission. It seems to the office that the Commission should, as soon as the lands
were segregated, have furnished the Department with a list of the segregated lands.
With reference to the town sites the records of this office show that the establish-
ment of the exterior limits of Bartlesville was approved March 13, 1902; that the
establishment of the exterior limits of Lenepah was approved March 5, 1902; and
that the establishment of the exterior limits of Sallisaw was approved May 15, 1902.
At the time that the establishment of the exterior limits of the towns above men-
tioned was approved by the Department the Delaware lands had not been segre-
gated, and the office believes that, under the provisions of the Cherokee agreement,
lands not specifically segregated for any particular purpose were susceptible of being
set aside for town-site purposes. It therefore believes that Mr. Adams's contention
relative to the Department's not having authority to segregate the lands referred to
by him, for town-site purposes, is untenable.
August 15, 1902, the Department authorized the Inspector for the Indian Territorv
to properly establish the exterior limits of the town of Lawton. This was prior to
the purported segregation of Delaware lands on December 17 last, and the remarks
relative to Bartlesville and the other towns above mentioned are applicable to Lawton.
The establishment of the exterior limits of North Tulsa was approved by the
Department January 21, 1903, which was subsequent to the alleged segregation of
Delaware lands. If the Delaware lands have been segregated, as the Commission
holds, it is doubtful whether any of the lands should have been included within the
limits of the town, as it seems that it was the intention of Congress that the segre-
gated lands be not in any way disturbed after segregation until the Delaware-Cherokee
suit shall have been finally determined. The Commission seems to be of the opin-
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 37
on that on account of the stipulation signed by the attorneys for the parties to the
litigation, which is, in part, as follows:
"Provided, however, Such substituted descriptions do not interfere with the lawful
rights or claims of other Cherokee citizens," its jurisdiction to allot to Cherokees, or
at least to receive and file application for allotment, covers segregated lands.
The Commission's report of March 17, 1903, relative to the work performed by it
during the month of February, 1903, shows that 38 applications for allotments were
not approved "because the land applied for was embraced in the 157,600 acres of
land which the Commission caused to be segregated for the Delaware Indians," and
its report of April 16, 1903, relative to the work performed by it during the month
of March, 1903, which has this day been transmitted, shows that 57 applications for
allotments have not been approved for the same reason. This Office does not under-
stand that the Commission has any jurisdiction of the segregated lands after the seg-
regation shall have been made until such time as the court shall have finally decided
the case. The law specifically declares that the lands shall be segregated, and that
when segregated "such lands so to remain" until the final determination of the
cause, and requires the Commission to allot "the remaining lands of the tribe as
aforesaid."
The fact that the attorneys for the contending parties have signed a stipulation
agreeing that the lands segregated shall not "interfere with the lawful rights or
claims of other Cherokee citizens" does not in any manner whatsoever nullify or
modify the law. The law is directory, and the Commission has no discretionary
power in the premises. If the 157,600 acres have been segregated, the Office does
not believe that the Commission should, until after the determination of the suit,
permit any citizen of the nation to even file an application selecting any of the
segregated lands as his allotment.
If an error has been made by the Commission in segregating lands lawfully in the
possession of Cherokee citizens not of Delaware blood, the error should be corrected,
and after this has been done, Cherokee citizens, whether of Delaware blood or other-
wise, should not be permitted to file an application covering any of the segregated
lands pending the determination of the case. It is thought that during said time the
Commission should not even receive and file applications covering segregated lands.
Applicants should, the Office believes, be advised that the Commission is without
jurisdiction to allot or to receive an application covering any of such lands during
the pendency of the suit.
The Commission's reports for the months of February and March show that it has
received 95 applications covering lands alleged to have been segregated in accordance
with section 23 of the agreement. To continue such applications will only he the
means of complicating matters and fostering contests.
The Commission seems to be of the opinion that the Supreme Court of the United
States may, in deciding the Delaware suit, approve a certain schedule which seems to
be a part of the record in the case, and expresses the opinion that steps should be
taken to prevent such action by the court. The Office does not understand that the
court has authority to approve such schedule. The province of the court seems to
be to decide the questions involved and to determine what interests the Delaware
citizens have in the Cherokee lands, and it is the duty of the Commission, and not
of the court, to segregate the 157,600 acres. However, it is believed that the Com-
mission should furnish the Department with legal descriptions of the tracts segre-
gated, if such segregation has been made, for its information and for such action,
with reference to bringing the matter to the attention of the court, as the Department
may consider proper.
If the Department shall hold that the Commission has segregated the 157,800 acres
of land it is suggested that the Commission be advised in accordance herewith; but
if the Department shall hold that the land has not been segregated it is thought that
the Commission should be instructed to immediately segregate from allotment, "so
to remain" until the final determination of the cause, 157,600 acres of land, the same
to include "lands which have been selected and occupied by Delawares in conformity
with the agreement of April 8, 1867."
As above stated, the Office believes that the Department had full power and author-
ity to segregate any Cherokee lands for town-site purposes, regardless of whether
occupied by Delaware citizens or any other citizen of the Cherokee Nation prior to
the alleged Delaware segregation of December 17 last; and as part of the Delaware
segregation is included within the limits of town sites, it is thought that the Com-
mission should be instructed to segregate from the public domain or lands in pos-
session of Delaware citizens, if all of such lands have not been segregated, additional
lands in an amount equal to the Delaware segregation included within the limits of
the town sites above mentioned, except North Tulsa.
88 ALLOTMENT OF LANDS TO DKLAVVAKE INDIANS.
If the Delaware lands were segregated on December 17, L902, and were not after
that date susceptible of allotment during the pendency of the suit, or subject to being
reserved for town-site purposes after the segregation, it would seem that the Depart-
ment's action in setting aside 20 acres of the Delaware segregation for town-site pur-
poses in the town of North Tulsa should be reconsidered, and that the 20 acres
mentioned should not be included within the limits of the town site.
The records of this Office and the Commission's report do not show that the
inspector for the Indian Territory had been advised of the alleged segregation of
Delaware lands. If he had been so advised, it is not probable that he would have
recommended that 20 acres of such lands he included within the limits of the town
of North Tulsa, at least without bringing the matter to the attention of the Department.
Very respectfully,
A. C. Tonxer, Acting Commissioner.
No. 42.
Muscogee, Ind. T., April 20, 1903.
The Secretary of the Interior.
Sir: Report is hereby respectfully made of the action of the Commission in segre-
gating 157,600 acres of land under section 28 of the act of July 1, 1902 (32 Stat. L.,
716), pending the determination of the suit of the Delaware Indians v. The Cherokee
Nation, and submitting matters relating thereto for the consideration of the Depart-
ment.
Said section 23 is as follows:
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe, as their rights may be determined by the judg-
ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation and now pending; but
if said suit be not determined before said ( iommission is ready to begin the allotment
of lands of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including lands
which have been selected and occupied by Delawares in conformity to the provisions
of their agreement with the Cherokees dated April eighth, eighteen hundred and
sixty-seven, such lands to remain subject to disposition according to such judgment
as may be rendered in said cause: and said Commission shall thereupon proceed to
the allotment of the remaining lands of the tribe as aforesaid. Said Commission
shall, when final judgment is rendered, allot lands to such Delawares in conformity
to the terms of the judgment and their individual rights thereunder. Nothing in
this act shall in any manner impair the rights of either party to said contract as the
same may be finally determined by the court, or shall interfere with the holdings of
the Delawares under their contract with the Cherokees of April eighth, eighteen
hundred and sixty-seven, until their rights under said contract are determined by
the courts in their suit now pending against the Cherokees, and said suit shall
be advanced on the dockets of said courts and determined at the earliest time
practicable."
In its communication of October 20, 1902, reporting on a letter from Mr. Walter S.
Logan, referred to it by the Department, the Commission among other things stated:
" The 157,600 acres of land to be segregated for the Delawares are to include lands
heretofore selected, occupied, and improved by them and upon which all of said
Delawares are living, as is set forth on page 10 of their petition in the suit now
] lending in the Court of Claims, as follows:
" ' That thereupon the said Delawares selected the said 157,600 acres of land from
the said Cherokee Reservation east of line 96°, not theretofore selected or in posses-
sion of other parties, entered into the occupancy and possession of the same, and
made extensive and valuable improvements thereon, and they, their children,
descendants, heirs at law, and personal representatives have continued to occupy and
possess the said lands and the said improvements and have continued to make exten-
sive and valuable improvements thereon and to reside thereon down to the present
time * * * .'"
Under date of November 29, 1902, the Department advised the Commission as
follows:
"The Department is in receipt of your report dated October 20, 1902, in regard to
a communication from Mr. Walter S. Logan, concerning the suit of the Delaware
Indians against the Cherokee Nation, now pending in the Court of Claims. The
Department concurs in the views expressed by your Commission, and has advised
Mr. Logan to that effect. The Commissioner of Indian Affairs also concurred."
On December 16, 1902, there was tiled with the Commission, an amended schedule
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 39
of lands selected by the Delawares in the Cherokee Nation, said schedule being
embodied in the stipulation of counsel, the preamble of which, after omitting the
title, is as follows:
"In pursuance of leave reserved and granted by the court upon the final hearing
of this case, it is hereby stipulated and agreed that the record herein be amended by
substituting in the place of the incorrect descriptions given in the record herein of
the 157,600 acres selected and claimed by the Delawares, the annexed descriptions
which, upon careful examination, have been found correct.
"And it is further stipulated and agreed that the court may, in its decision and
final judgment herein, use the annexed correct descriptions in the place of the incor-
rect descriptions contained in said record: Prodded, however, Such substituted
descriptions do not interfere with the lawful rights or claims of other Cherokee
citizens.
"Walter S. Logan,
' 'Attorney for Petitioners.
"William T. Hutchings,
"Attorney for Respond' nt.
"Washington, D. C, December 10, 1903."
On December 17, 1902, the Commission adopted the following resolution:
"Be it resolved, by tin Commission, That the acting chairman cause to be set aside
and segregated 1 57,(100 acres of land in the Cherokee Nation, in accordance with the
provisions of section 23 of the act of Congress approved July 1, 1902 (Public— No. 241),
subject to disposition according to such judgment as may be rendered in the case of
The Delaware Indians v. The Cherokee Nation now pending in the United States
Court of Claims and as shown by the description of said land in the stipulation of
counsel for parties in said case, dated at Washington, D. C, December 10, 1902."
In proceeding to carry said resolution into effect the Commission discovered numer-
ous errors and discrepancies from the schedules submitted, which by letter dated
January 5, 1003, were called to the attention of Walter S. Logan and William T.
Hutchings, counsel for petitioners and respondent, respectively, a copy of said letter
being attached hereto and marked "Exhibit A."
On January 23, 1903, the Commission received from Richard 0. Adams, claiming
to represent the Delaware Indians at Washington, a certified copy of a "second
amended schedule of lands selected by the Delawares in the Cherokee Nation as per
stipulation of counsel," which contains the additional stipulation by counsel, as
follows:
" We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 46, 51, 54,
63, 72. 7.">. 74, being two corrections on pages 9, 42, 40, 63, and one on each of the
other pages, subject to the above proviso."
The "above proviso" referred to in the additional stipulation just quoted refers to
the following in the first stipulation quoted, viz: "Provided, however, Such substituted
descriptions do not interfer with the lawful rights or claims of other Cherokee
citizens."
A copy of Mr. Adams's letter of January 15, 1903, transmitting said omitted sched
ule, is herewith attached, marked "Exhibit B."
A comparison of the errors and discrepancies reported to counsel by the Com-
mission with the corrections made in the second amended schedule, shows that the
discrepancies which counsel failed to correct have reference to land, reported by the
Indian inspector for Indian Territory to have been reserved by the Department for
town-site purposes.
The Commission had reported to counsel that the schedule of Delaware lands
embraced 12.34 acres within the limits of the town site of Bartlesville, 12.50 acres
within the limits of the town site of Lenepah, and 17.88 acres within the limits of the
town site of Sallisaw. Referring to said report, Mr. Adams, in his letter, states:
"On page 14 we take exception to the town of Bartlesville intruding on Delaware
lands * * * On page 54, which you claim that .part of the selection belongs to
the town of Lenepah, we do not concede this for the same reason as above — that is,
we have made the selections before the town was surveyed * * * and on pages
73 and 74 we contend that our rights to this land are older and better than the rights
of the town of Sallisaw."
Since the opening of the Cherokee allotment office at Vinita, Ind. T., on January
1, 1903, a number of Cherokee citizens have made application for allotments of land
embraced wholly or in part in the segregation made for the Delawares. They claim
In many instances to have been in possession of these lands for years and to own
valuable improvements on the same, and state that no Delaware citizen lias ever
occupied such lands or owned any improvements thereon. Action on this class oi
applications has been deferred pending the determination of the suit referred to.
40 ALLOTMENT OP LANDS TO DEL A VV ARE INDIANS.
In a communication dated April 7, L903, a copy of which is hereto attached and
marked "Exhibit C," Mr. Adams states:
"My understanding is that the 157,600 acres of land is segregated, and that no
Cherokee will he allowed to file on this land or to receive allotment out of it until
the Supreme Court has finally passed upon the rights of the Delaware Indians."
A copy of a letter to the same effect from Mr. Adams, dated April 10, 1903, is
hereto attached ami marked "Exhibit D."
From these it appears that, notwithstanding the proviso in the stipulation of coun-
sel that the substituted descriptions are not to interfere with the lawful rights or
claims of other Cherokee citizens, the Delawares, through Mr. Adams, take the posi-
tion that if the decision of the Supreme Court is favorable to them the specific
157,600 acres described in the record of the case will vest absolutely in the Delawares,
notwithstanding any claims which other Cherokee citizens may make to portions of
the same lands.
In addition to the contention of the Delawares for the lands end traced within the
limits of the town sites mentioned, and for lands claimed and in the possession of
other Cherokee citizens, quite a serious situation with reference to the Delaware
segregation has developed in the work of allotment. Not a few Delaware citizens
have presented themselves at the land office and asked to be allowed to make a final
selection of lands containing their improvements and upon which they reside,
claiming that no portion of the lands occupied by them is included within said Dela-
ware segregation.
The Commission has been informally advised of cases of numerous other Delaware
citizens whose improved lands are not included within said segregation, and the
statement has been frequently made that the representatives of the Delaware Indians
or their business committee refused to schedule for segregation the lands of any
Delaware citizen who failed to pay a pro rata share of the fee which said repre-
sentatives or committee demanded. The Delawares, whose property rights are thus
unprotected, are for the most part in moderate circumstances, and the improvements
on the lands occupied by them represent, in most instances, the efforts of a lifetime.
The extent of the condition of affairs last mentioned is indicated by the corre-
spondence had with William Nairn, of Coodys Bluff, Ind. T., copies of which are
hereto attached and marked "Exhibit E."
It is quite evident that while lands occupied by Delaware citizens have not been
included in the schedule of lands made a part of the record in the suit of the Dela-
wares an amount of the public domain of the Cherokee Nation sufficient to bring the
total segregation up to 157,600 acres has been included.
There are also attached hereto and marked "Exhibit F" and "Exhibit G,"
copies of reports of the clerk in charge of the Cherokee land office in Vinita, dated
February 12, 1903, showing that since the segregation of lands for Delawares by this
Commission on December 17, 1902, the Department has fixed the exterior limits of
the town sites of North Tulsa and Lawton in the Cherokee Nation, which embrace,
respectively, 20 and 25 acres of land theretofore included in said Delaware segregation.
Under all circumstances the Commission believes that the lands embraced in the
original schedule, and in the first and second amended schedules made a part of the
record in the case of the Delawares, have not been selected with a due regard for the
interests of either the Delaware citizens generally or other citizens of the Cherokee
Nation, and in so far as town sites are affected without any intention of conforming
to the laws relating to the establishment of such town sites.
The Commission is in receipt of a communication from Mr. Adams to lion. M. 8.
Quay, United States Senator from Pennsylvania, dated April 10, 1903, and referred
by Senator Quay to the Commission. A copy of said letter and of Senator Quay's
indorsement thereon is hereto attached, marked "Exhibit II." In this latest letter
Mr. Adams takes the position that the Commission is without jurisdiction to receive
applications of Cherokee citizens for lands embraced in the Delaware segregation,
notwithstanding the proviso of counsel in the stipulation hereinbefore set forth pro-
viding for the protection of the property rights of other Cherokee citizens.
The Commission believes that some steps should be taken to guard against the
possibility of the Supreme Court rendering a judgment adopting said schedule as the
definite and specific tracts of land to which the Delawares are entitled under their
claim, and respectfully request that the Department may issue such instructions as it
may deem proper in the premises.
Respectfully, Tams Bixby, Chairman.
T. B. Needles,
C. R. Breckinridge,
\V. E. Stanley,
< 'otiiiiiixsiiiiurs.
(Through the Commissioner of Indian Affairs.)
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 41
Exhibit A.
Muscogee, Ind. T., January 5, 1903.
Walter S. Logan, Attorney for Petitioners.
William T. Hutchings, Attorney for Respondents.
Gentlemen: There was filed in the office of the Commission on December 16. 1902,
what purports to be a copy of a stipulation of counsel theretofore riled in the United
States Court of Claims in the case of the Delaware Indians r. the Cherokee Nation,
No. 21139, which stipulation, omitting the caption, is as follows:
"In pursuance of leave reserved and granted by the court upon the final hearing
of this case, it is hereby stipulated and agreed that the record herein be amended by
substituting in the place of the incorrect description given in the record herein of
the 157,600 acres selected and claimed by the Delawares, the annexed descriptions
which, upon careful examination, have been found correct.
"And it is further stipulated and agreed that the court may, in its decision and
final judgment herein, use the annexed correct descriptions in the place of the incor-
rect descriptions contained in said record, provided, however, such substituted
descriptions do not interfere with the lawful rights or claims of other Cherokee
citizens.
" Washington, D. C, December 10, 1902.
"Walter S. Logan,
"Attorney f>r Petitioners.
" William T. Hutchings,
"Attorney for Respondents."
Following the above are the descriptions of the lands therein referred to, aggregai-
ing 157,601.74 acres, said descriptions being arranged in paragraphs designated bv
letters from A to Z, AA to ZZ, and AAA to PPP.
In accordance with the provisions of section 23 of the act of Congress approved
July 1, 1902 (32 Stat. L., 716), the Commission has segregated and reserved from
allotment, subject to disposition according to such judgment as may be rendered in
said cause, 157,541.74 acres of land in the Cherokee Nation, the same being the land
described in said stipulation, less 60 acres accounted for as follows:
(«) On page 9, paragraph L, section 5, calls for lots 1 and 2 E. | of NW. \ of sec-
tion 30, township 21 N., range 13 E., and gives area as 159.96 acres. The area of
this quarter section as expressed upon the official township plat is 159.78 acres. The
area originally was as given in the stipulation, 159.96, but owing to corrections in
areas of lots it now appears as 159.78 acres. Deficit, 0.18 of an acre.
(I>) On page 9, paragraph L, section 6, calls for lots 1 and 2 of section 31, township
21 X., range 13 E., and gives area as 79.96 acres. The areas of these two lots as
expressed upon official plat is 79,34 acres. Deficit, 0.62 of an acre.
(' i ( in page 14, paragraph Q, section 4, calls for all of section 7, township 26 N.,
range 13 E. 12.34 acres of this section are included within the limits of the' town
site of Bartlesville. Deficit, 12.34 acres.
i '/) On page 46, paragraph II, section 3, calls for the SE. \ of section 8, township
23 X., range 16 E., containing 160 acres. This quarter section is rendered fractional
by the Verdigris river, and contains a land area of but 143.99 acres. Deficit, 16.01
acre-.
(e) On page 46, paragraph II, section 6, calls for lot 4 of section 3d, township
23 N., range 16 E., giving area of same as 39.33 acres. The official township plat
shows area of this lot to lie 38.80 acres. Deficit, 0.53 of an acre.
(./') On page 51, paragraph LL, section 2, calls for the N. i and SW. i of section 4,
township 26 N., range 16 E., and gives area of the same as 480 acres. The official
township plat shows area of these tracts of land to be 480.08 acres. Excess, 0.08 of
an acre.
{g) On page 54, paragraph MM, section 1, calls for the W. £ of section 6, township
27 X., range 16 E. 12.50 acres of the W. h of said section are included within the
limits of the town site of Lenapah. Deficit, 12.50 acres.
(//) On page 63, paragraph VV, section 3, calls for the NE. \ of NW. \ of section
20. township 15 N., range 19 E., and gives area as 40 acres. The NE. \ of NW. } of
said section is lot 1, being rendered fractional by the Creek-Cherokee boundary line,
and contains 39.98 acres. Deficit, 0.02 of an acre.
(i) On page 72, paragraph OOO, section 1 (a), calls for the S. £ of the NE. i of
section 6, township 11 X., range 24 E., giving area as 80 acres. 17.80 acres of said
tract are included within the limits of the town site of Sallisaw. Deficit, 17.80 acres.
(./') On page 73, paragraph OOO, section 1 (d), calls for the N. h of the SE. ] of
section 6, township 11 X., range 24 E., and gives area as 80 acres. 0.08 of an acre of
the above-described tract is included within the limits of the town site of gftlligaw.
Deficit, 0.08 of an acre.
42 ALLOTMENT OF LANDS T<> DELAWARE INDIANS.
SUMMARY.
Deficit— Acres.
(a) 0. 18
(b) - .62
(c) 12.34
Id) 16. 01
«) 53
[a) 12. 50
( // ) 02
(t) 17. 80
U) 08
60. 08
Excess (/) 08
60.00
In addition to the foregoing there have been found certain discrepancies, which
appear to be clerical errors, as follows:
On page 2, paragraph F, section 1 calls for SW. \ of NW. \ of section 31, township
25 N., range 12 E. There is no section 31 in this fractional township, and the same
by location would be in the Osage Nation. This is probably a transposition of figures,
and intended for section 13.
On page 4, paragraph H, section 4 calls for E. \ of NW. \ of section 13, township
27 X., range 12 E. This is apparently a clerical error, and intended for the E. \ of NW. \.
On page 12, paragraph P, section 8 (b) calls for the SW. J of section 10, township
25 X., range 13 E. This is apparently a clerical error, and intended for the SE. ',. as
section 8 («) of the same paragraph, on page 11, calls for the W. h of section 10, town-
ship 25 N., range 13 E., which includes the SW. \ of said section.
On page 42, paragraph EE, section 1 (a), the \ has been omitted from the descrip-
tion, which reads S. \ of S. I of NW. of section 6, township 27 N., range 15 E.
On page 42, paragraph EE, section 1 (c), calls in part for the W. \ of SE. I of SE. \
of section 6, township 27 N., range 15 E. The description SE. -J is apparently
intended for SE. 5.
On page 70, paragraph III, section 5, calls for lots 1, 2, 3, 4, 5, and 7 of section 11,
township 23 N., range 21 E., and gives area as 187.80 acres. The official township
plat shows area of these lots to be 149.20 acres. The addition of lot 6, however, of
the same section, which lot contains 38.60 acres, would make a total area of 187.80
acres as called for in stipulation, and it appears that either lot 6 was omitted from
stipulation by mistake, or, if intentionally omitted, the change in total area was not
made. (Lot 6 was temporarily reserved, making the area of reservation agree with
that given in stipulation in this case. )
On page 71, paragraph J.J J, section 7, calls for the S. 5 of SW. \ of section 25,
township 24 N., range 21 E., giving area as 80 acres. This was apparently intended
for S. J of SW. \ of said section.
In those cases where clerical errors have been discovered, as aforesaid, the Com-
mission has made a tentative segregation of the land which it believed the counsel
intended to describe in said stipulation and as previously indicated.
You are therefore respectfully requested to advise the Commission of such action
as you may take to amend or correct the record in said cause in so far as it relates to
the description of the land claimed by the Delawares, and to tile with the Commis-
sion at the earliest date possible a certified copy of such instrument as may be filed
in said court for that purpose.
Yours, truly,
Tams Bixby, Acting Chairman.
Exhibit B.
January 15, 1903.
Hon. Tams Bixby,
Acting Chairman Commission to the Five Civilized Tribes, Muscogee, Tnd. T.
Dear Sis: Inclosed I hand you certified copy of the second amended description
of the Delaware lands. On reviewing we find that several corrections were necessary,
substantially what von called our attention to in your letter, that is: On page 2, 1
correction: page 4, 1 correction; page 9, 2 corrections; page 12, 1 correction, and on
page 14 we take exception to the town of Bartlesville intruding on Delaware lands.
ALLOTMENT 0¥ LANDS TO DELAWARE INDIANS. 48
Arthur Armstrong, a Delaware Indian, who owns this land, had been living there
many years before the town of Bartlesville was thought of.
On page 42 we make 2 corrections; on page 46, 2 corrections; on page 51, 1 cor-
rection, and on page 54, which you claim that part of the selection belongs to the
town of Lenapah, we do not concede this for the same reason as above; that is, we
have made the selection before the town was surveyed. On page 63 we make 2 cor-
rections; on page 72, 1 correction, and on pages 73 and 74 we contend that our rights
to this land are older and better than the rights of the town of Salisaw.
We offer as a substitute for any shortage the following: SE. \ of the SE. 4- of sec. 6,
T. 26 N., R. 13 E., 40 acres, and the NE. I of the SW. i of sec. 6, T. 27 N., R. 13 E., 40
acres. Out of these 80 acres you can take our shortage, taking first the 40 acres
described in T. 26, R. 13, and w hatever is still lacking take out of the other 40 acres.
Both of these forties are Delaware lands, in possession of Delaware Indians, and can
well go into the segregated lands.
Yours, respectfully, Richard C. Adams.
Exhibit C.
April 7, 1903.
Tams Bixby,
Chairman Commission t<> Fin Civilized Tribes, Muscogee, Ind. T.
Dear Sir: I am in receipt of a letter from F. B. "Woodard, of Dewey, Ind. T.,
inclosing three letters from your Commission, relative to the interests of certain
Delawares who hold and are in possession of part of the land segregated under sec-
tion 23 of the act of Congress approved July 1, 1902, known as the Cherokee agree-
ment and ratified by the Cherokees August 7, 1902. I can not see why any Chero-
kee should be allowed to interfere with the rights of the Delawares or their hold-
ings until the same shall have been determined by the Court of Claims and the
Supreme Court of the United States.
On February 2, 1903, the Court of Claims dismissed the suit, and during the same
month we appealed the case to the Supreme Court of the United States. The record
has been transmitted from the Court of Claims to the Supreme Court, and it is
believed that the case will be tried at as early a date as the calendar will permit, but
we are advised by the clerk of the Supreme Court that we can not be heard before
the October term, if then, and likely the case would not be decided during the
present year.
If a Cherokee is allowed to contest any Delaware's holding before the Supreme
Court passes upon the rights of the Cherokees, it seems to me that the intended
effect of section 23 is lost to the Delawares.
My understanding is that the 157,600 acres of land is segregated and that no
Cherokee will be allowed to file on this land or to receive allotment out of it until
the Supreme Court has finally passed upon the rights of the Delaware Indians.
I hope to receive an early reply from you on this subject, and trust that the Com-
mission will fully protect the interests of my people in their rights and holdings in
the Cherokee Nation.
Yours, truly, Richard C. Adams.
Exhibit H.
April 10, 1903.
Hon. M. S. Quay, Washington, D. C.
Dear Senator: When Congress passed the act entitled "An act for the protection
of the people of the Indian Territory, and for other purposes." which was approved
June 28, 1898, and known as the Curtis Act, provision was made by section 25 thereof
for the protection of the rights of the Delaware Indians in the Cherokee Nation, to
the effect that before any allotments of lands should be made in the Cherokee Nation
there should be segregated therefrom by the Commission to the Five Civilized Tribes,
in separate allotments or otherwise, the 157,600 acres purchased by the Delawares
from the Cherokees under the agreement of April 8, 1867. Following this was a pro-
vision referring to the Court of Claims and the Supreme Court of the United States
the question of the rights of the Delawares to these lands and to other allotments, and
their interest in the Cherokee tribal lands and funds.
No action was taken by the Commission to comply with this provision of the Cur-
tis Act until the passage of the act of Congress approved July 1, 1902, which was rati-
44 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
fied by the Cherokees at a general election August 7, 1902, which act also provided
in section 23 thereof as follows:
"Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall
take lands and share in the funds of the tribe, as their rights may be determined by
the judgment Of the Court of Claims, or by the Supreme Court, if appealed, in the
suit instituted therein by the Delawares against the Cherokee Nation, and now
pending; but if said suit be not determined before said Commission is ready to begin
the allotment of lands of the tribe as herein provided, the Commission shall cause
to be segregated one hundred and fifty-seven thousand six hundred acres of land,
including lands which have been selected and occupied by the Delawares in con-
formity to the provisions of their agreement with the Cherokees dated April eighth,
eighteen hundred and sixty-seven, said lands so to remain, subject to disposition
according to such judgment as may be rendered in said cause; and said Commis-
sion shall thereupon proceed to the allotment of the remaining lands of the tribe
as aforesaid. Said Commission shall, when final judgment is rendered, allot lands
to such Delawares in conformity to the terms of the judgment and their individual
lights thereunder. Nothing in this Act shall in any manner impair the right of
either party to said contract, as the same may be finally determined by the courts,
or shall interfere with the holdings of the Delawares under their contract with the
Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights
under said contract are determined by the courts in their suit now pending against
the Cherokees, and said suit shall be advanced on the dockets of said courts and
determined at the earliest time practicable."
In anticipation of the allotment of the lands of the Cherokee Nation, and in con-
formity with the provisions of said section 23, above quoted, the Delaware Indians,
through me as their authorized attorney in fact and representative, filed in December,
1902, with the Commission to the Five Civilized Tribes a list of selections of land,
aggregating about 157,600 acres, as and for their selections to be segregated as in
said section provided. Certain minor errors being found in some of these descrip-
tions, an amended and corrected list was forwarded to said Commission, at its request,
in January, 1903, which said list of selections contained the description of 157,600
acres of land, was received, accepted, and placed on file by said Commission, as and
for the Delaware lands segregated under the authority of said act.
On February 2, 1903, a decree was passed by the Court of Claims in the case of the
Deleware Indians against the Cherokee Nation, and on March 19 an appeal was filed
in the Supreme Court of the United States, where said case is now pending.
I desire to submit that the Commission to the Five Civilized Tribes, having exer-
cised the authority vested in them by the act of July 1, 1902, above referred to, in
the segregation of the Delaware lands, their authority and jurisdiction over the lands
thus segregated is exhausted until the final determination of the suit of the Delawares
against the Cherokees by the Supreme Court of the United States, and they have no
further power to do any other act with reference to said lands. The act in question
having provided that this segregation being made, .the Commission should proceed
to allot the remaining lands of the Cherokee tribe, they had no more power to
receive any application for or to perform any act concerning any of the lands
embraced within the Delaware selections than if these lands had been within the
Osage Reservation in Oklahoma or had never been any part of the lands of the
Cherokee tribe.
During the last week I have been in receipt of many letters and telegrams from
Delaware Indians residing in the Indian Territory and occupying parts of the segre-
gated lands above mentioned, who have received notification from the Commission
that certain Cherokees have made filings upon lands occupied by said Delawares and
within the segregated lands herein referred to, and notifying such Delawares to appear
and rile contests.
This action, which seems to indicate that the Commission does not intend to treat
the segregated lands as withdrawn from selection by Cherokees, would, if carried
out, effect a nullification of the act of Congress referred to and deprive the Delawares
of all the protection for which Congress inserted the clause above referred to in the
act of July 1, 1902. If such action could be sustained as to one or several selections,
it could be sustained as to all, and there would be no segregated land. This would
deprive the Delawares of their property rights, for they can not take their allotments
at this time, and will not lie allowed to do so until the case now pending in the
Supreme Court of the United States shall have been finally determined, which, as I
am informed by the clerk of that court, will probably not be for a year or more.
The Delaware Indians, acting under the advice of the Department of the Interior
and the Indian agent, Leo E. Bennett, some years ago, spent almost all their tribal
funds, which amounted to about $1,000,000, in the improvement of their homes in
the Cherokee Nation embraced in the segregation referred to, They have always
ALLOTMENT OF LANDS TO DELAWARE INDIA\NS.. 4'5">
b^eh loyal to the United States, have been law-abiding and peaceful, in tile Cherokee'
Nation, and now deserve the protection of the Government to the fullest extent, and,
it was the intention of Congress to extend this protection and make it fully effective..
But if the law is to be interpreted as seems now to be the purpose of the Commission,,
it will become inoperative and valueless and might as well never have-been enacted.
In view of this situation and the peril of my people, I desine to appeal to you to>
take such action in their behalf as may seem to you proper, either by. an, application'
to the Secretary of the Interior or directly to the Commission,, or, both, as will pre-
vent the contemplated action on the part of said Commission and preserve to the-
Delaware Indians the selections which they have made of these segregated lands
until it shall be finally determined whether or not they are-entitled to the same.
Yours, sincerely,
Richard C. Adams..
[Indorsed.]
April 14-j 1903..
Respectfully referred to Hon. Tams Bixby, president Dawes Commission. I pre-
sume there is some satisfactory explanation if the facts are as stated. I feel much
interested in the Delawares, who are a Pennsylvania tribe,. and trust the Commission
will see that they are protected in accordance with the act of Congress until the
pending litigation with the Cherokees is determined.
M. S. Quay, U. S. S.
Exhibit D..
April 10, 1903.
Commission to the Five Civilized Tribes,
Muscogee, I ml'.. T..
Gentlemen: Referring to my letter of March 27 to, the Commission, in which I
inclose a communication from J. W. Gibson describing lands being a part of the
Delaware segregated lands, I am in receipt of a letter of April 4, 1903, signed by C. R.
Breckinridge, commissioner in charge, in whwih he says that Mr. Gibson had been
requested on that date to communicate to the Commission the nature and location
of the improvements on this land owned by him, and that, upon receipt of this infor-
mation he will be notified should any other citizen make application for this land
or any part thereof as an allotment, in order that he may institute a contest for the
land within the time provided by law.
Replying to this letter, I desire to submit on behalf of the Delaware people that
the Commission, having segregated by description, by legal subdivision, the 157,600
acres in accordance with section 23 of the act of July 1, 1902, it is not within the
power of the Commission now to accept any filing of selections on any part of said
157,600 acres so described, and that the Delaware Indians in possession of any part
of this said described land should not be called upon to make contests of any such
filing. The authority of the Commission to allot lands is limited by the said section
23 to the lands remaining and belonging to the Cherokee tribe after the segregation
of this tract. The 157,600 acres of land described as aforesaid is not anymore a part
of the Cherokee lands to be allotted at this time than are the lands of the Osage
Reservation, and it is the duty of the Commission, whenever any Cherokee attempts
to file on any lands embraced in the 157,600 acres, to decline to receive this filing,
without putting the Delaware occupant to the expense and trouble of contest ing.
The attention of the Commission is invited to the said section 23, wherein it pro-
vides that after the segregation of the 157,600 acres, if the Commission should be
ready to make allotments before the Supreme Court (if the case then pending be
appealed to that court) should finally determine the rights of the Delawares, "said
Commission shall thereupon proceed to the allotment of the remaining lands of the
tribe as aforesaid."
I submit that under this provision of the law the Commission's authority to allot
lands is limited to the remaining lands of, the Cherokee tribe, and that, therefore,
the Commission has no jurisdiction over the 157,600 acres which they have segre-
gated, the act of segregation having exhausted the powers of the Commission over
these lands until the Supreme Court shall have finally acted on the appeal that has
been taken to that court from the decree of the Court of Claims.
In other words, this 157,600 acres at the present time should be treated as if they
were not embraced within the exterior limits of the Cherokee Nation, or were never
a part of the Cherokee Reservation, and any attempt made by Cherokees to file on
any part of this land should be rejected by the Commission without any further
proceedings.
Yours, truly, Richard C. Adams.
4tf ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Exhibit E.
Coodvs Bluff, Ink. T.. January SI, 1908.
The Dawks COMMISSION.
Gentlemen: Please inform me why all of the Delaware lands have not been seg-
regated, as required by the late Cherokee treaty?
There are at least 50 Delawares whose lands have not heen set apart as contem-
plated by the treaty.
We would like to have our lands plaeed in the same condition as other Delawares,
or a satisfactory explanation why they are not.
Yours, very truly, William Nairn.
MrsrooEE, Ind. T., February n, 1903.
William Nairn, Coodys Bluff, Ind. T.
Dear Sir: The Commission is in receipt of your letter of January 31, complaining
that there are at least 50 Delawares whose lands have not been set apart as contem-
plated by the recent Cherokee agreement. You ask why these lands have not been
set apart.
In reply, you are advised that there have heretofore been segregated for the Dela-
ware citizens of the Cherokee Nation 157,600 acres of land in the Cherokee Nation.
This is all the land which the r,ecent Cherokee agreement provided should be segre-
gated for the Delawares.
Respectfully,
C. R. Breckinridge, Commissioner in Charge.
Coodys Bluff, Ind. T., February 15, 1903.
The Dawes Commission.
Gentlemen: I received your communication in reply to my inquiry. In reply
permit me to say that my understanding of the late Cherokee agreement is that the
lands of all the Delawares that had been selected in conformity with the Cherokee-
Delaware treaty of 1867 were to be segregated by the Dawes Commission, and not of
a certain portion, and not of Cherokee lands, as has been done. In support of my
views allow me to cite the following clause of the treaty:
"But if said suit be not determined before said Commission is ready to begin the
allotment of lands of the tribes as herein provided, the Commission shall cause to be
segregated 157,600 acres of land, including lands which have been selected and occu-
pied by Delawares in conformity to the provisions of their agreement with the Cher-
okees dated April 8, 1867."
This certainly has not been done. On the contrary, as before stated, many of the
Delawares' lands have not been segregated. While some Cherokee lands have been
set apart, and again in some instances several thousand acres have been segregated
for certain individuals among the Delawares — an amount of land that could not in a
just sense belong to them. In this manner some of the Delawares received much
more than their share while others have not received any.
We can not think the Commission intentionally wronged us, hut believe they were
not conversant with the true state of the case.
Yours, very truly,
William Nairn.
Exhibit F.
Department of the Interior,
Commission to the Five Civilized Tribes,
Vinita, Ind. 7"., February IS, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Ind. 7'.
Gentlemen: Receipt is hereby acknowledged of the Commission's letter of the .">lst
ultimo, inclosing a letter dated January 27, 1903, from the acting United States Indian
inspector for Indian Territory, in which he inclosed one copy of the exterior limit
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 47
report, showing the description of land embraced in the town site of North Tulsa,
Cherokee Nation. Said report bears the approval of the Secretary of the Interior
under date of January 21, 1903.
In reply you are advised that the following-described lands embraced within the
limits of said town are included in the 157,600 acres of land which the Commission
caused to be segregated for the use of the Delawares:
The S. \ of the SW. \ of the SW. \ of sec. 36, T. 20 N., R. 12 E. of the Indian
meridian, containing 20 acres.
This for your information.
P. G. Reutek, Clerk in Charge.
Exhibit G.
Department op the Interior,
Commission to the Five Civilized Tribes,
Vinita, Ind. 7'., February 12,. 1903.
Commission to the Five Civilized Tribes,
Muscogee, lnd. T.
Gentlemen: Receipt is hereby acknowledged of the Commission's letter of the
20th ultimo, inclosing a communication from the acting United States Indian inspec-
tor for Indian Territory, dated January 17, 1903, accompanied by a sketch showing
the land desired for town-site purposes at Lawton, Cherokee Nation.
In reply, you are advised that the following-described tracts of land, which have
been tentatively reserved for the town site of Lawton, are embraced in the 157,600
acres which the Commission caused to be segregated for the Delawares.
The N. * of the SE. J of the SE. \ of the NW. \, and the NE. \- of the SE. J of the
NW. I, and the SE. \ of the NE. J- of the NW. \, all in sec. 21, T. 28 N., R. 13 E. of
the Indian meridian, containing in all 25 acres.
This for your information.
Respectfully,
P. G. Reuter, Clerk in Charge.
No. 43.
May 4, 1903.
The Assistant Attorney-General for the Department of the Interior.
Sir: There is transmitted herewith a report of the Acting Commissioner of Indian
Affairs < if April 30, 1903, submitting a communication from the Commission to the
Five Civilized Tribes (with inclosures), relative to lands segregated by it under
section 23 of the act of July 1, 1902 (32 Stat. L., 716, copy inclosed); also a letter
from him of April 28, 1903, with inclosures, reporting in regard to a communication
from Richard C. Adams, relative to such segregation.
The Commission states on page 7 of its letter that —
"Under all circumstances the Commission believes that the lands embraced in the
original schedule and in the first and second amended schedules made a part of the
record in the case of the Delawares have not been selected with a due regard for
the interests of either the Delaware citizens generally, or other citizens of the Chero-
kee Nation, and in so far as town sites are affected, without any intention of conform-
ing to the laws relating to the establishment of such town sites."
The Department requests your opinion as to whether said segregation has been
made in conformity to the law. and what its authority and duty are in the premises.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 44.
Department of the Interior,
Washington, June 1. 1903.
The Assistant Attorney-General for the Interior Department.
Sir: There is inclosed herewith for consideration in connection with departmental
letter of May 4, 1903, transmitting certain correspondence relative to lands segregated
a
48 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
by the Commission to the Five Civilized Tribes for the benefit of the DelawareB,
communication dated May 27, 1908, from Mr. Richard C. Adams, Washington, D. C
relative to the matter.
Respectfully, Tims. Ryan, Acting Secretary.
No. 45.
May 27. 1903.
The Secretary of the Interior, Washington, D. V.
Sir: Confirming my letter of April 18, 190.3, relative to the rights of the Delawares
in the lands segregated for their benefit under section 23 of the act of Congress
approved July 1, 1902, I wish to state that I have recently visited the Delawares and
find that conditions are growing much worse instead of better, and the Delawares
desire an early decision in regard to their rights and the right of the Commission to
the Five Civilized Tribes to allow Cherokee citizens to file upon the segregated
I find that in many cases Cherokees have gone to the Commission to the Five Civ-
ilized Tribes and filed on lands owned, occupied by, and in possession of Delaware
Indians and recognized as lands segregated for them; that such Cherokees immedi-
ately upon riling on the land take 'possession of it, and, in some cases, fence such
land even though it be a part of the land cultivated by a Delaware. The Delaware
Indian is warned by the Cherokee against trespassing on his own land and even
threatened with injunction, which threat in one or two cases has been made good.
The Delaware Indians are much alarmed over the manner in which their rights
tion and that the Secretary should not only put a stop to the Cherokees filing on
said lands but should remove all persons from the segregated lands who do not hold
as Delaware Indians or under authority of said Indians.
Very respectfully, Richard C. Adams.
No. 46.
[Telegram.]
Vinita, Ind. T., January 2, 1903.
T. M. BUFFINGTON,
Care National Hotel, Washington, D. C:
Commission is issuing numbers to persons on doubtful cards to take allotments
Monday. Enter protest and call Secretary's attention to sections 11, 29, and 31 ot
Cherokee agreement. Letter follows. Answer.
W. W. Hastings, Attorney.
No. 47.
[Telegram.]
Washington, January 8, 1903.
Dawes Commission, Muscogee, Ind. T.:
Protest filed by Cherokee Nation against your alleged action in issuing numbers to
persons on doubtful cards to take allotments on Monday. Report fully by wire.
Thos. Ryan. Acting Secretary.
No. 48.
[Telegram.]
Muscogee, Ind. T., January 8, 1908.
Secretary of Interior, Washington, D. C:
Telegram received. Commission lias thought advisable to make reservations for
doubtful Cherokee claimants, pending determination of cases, where such claimants
are in possession and own improvements. No allotments will be made to them betore
cases are finally acted upon by Department. , .
Bixby, Acting Ghavrman.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 49
No. 49.
[Telegram.]
Washington, January 5, 1903.
Bixbv, Acting Chairman, Muscogee, Ind. T.:
Since your report January 3 shows that reservations are made for doubtful Chero-
kee claimants, pending determination of their cases, only where such claimants are in
possession and own improvements, your action in that respect is approved.
Thos. Ryan, Acting Secretary.
No. 50.
Department of the Interior, Office of Indian Affairs,
Washington, November 18, 1903.
The Secretary of the Interior
Sir: Referring to Department letters of October 6 and 29, 1903, respectively, rela-
tive to the segregation of the lands claimed by the Delaware Indians, there is inclosed
herewith a report from the Commission to the Five Civilized Tribes, dated Novem-
ber 11, 1903, transmitting what appears to be a "second amended schedule of lands
selected by the Delawares in the Cherokee Nation as per stipulation of counsel."
The Commission quotes section 25 of the act of June 28, 1898, and section 23 of the
Cherokee agreement, both of which are familiar to the Department, and states that
under section 25 of the Curtis Act suit was brought by the Delaware Indians against
the Cherokee Nation in the Court of Claims for the purpose of adjudicating the rights
of the Delaware Indians to share in the allotment of lands and in the distribution of
the funds of the Cherokee Nation; that on February 2, 1903, the Court of Claims dis-
missed said suit; that an appeal was taken from the decision of this court to the
Supreme Court of the United States, where the case is now pending on appeal; that
on December 16, 1902, there was filed with the Commission an amended schedule of
lands purporting to comprise the 157,600 acres scheduled and claimed by Delaware
Indians in the Cherokee Nation under the Delaware-Cherokee agreement of April 8,
1867; that annexed to said schedule was a stipulation between the attorneys for the
contending parties to the effect that the schedule embraced the 157,600 acres of land
claimed by the Delawares, and that upon careful examination the descriptions in the
schedule had been found to be correct.
It is said that the Commission, relying on said stipulation and believing the sched-
ule to be satisfactory to all the parties in interest, on December 17, 1902, adopted the
following resolution :
"Be it resolved by the Commission, That the acting chairman cause to be set aside
and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the
provisions of section 23 of the act of Congress approved July, 1902 (Public, No. 241),
subject to disposition according to such judgment as may be rendered in the case of
the Delaware Indians v. The Cherokee Nation, now pending in the United States
Court of Claims, and as shown by the description of said land in the stipulation of
counsel for parties in said case, dated at Washington, D. O, December 10, 1902."
And that, in compliance with this resolution, "the said segregation of Delaware
lands was accordingly made, December 17, 1902, and entered upon the maps and
plats of the Commission;" that subsequently numerous errors and discrepancies
were found in the schedules, to which the attention of counsel for both parties was
directed by the Commission's letter of January 5 last; that "a second amended
schedule" was filed with the Commission January 23, 1903, which is simply the
former schedule with certain alterations and corrections, and contains the agreement
herein previously mentioned between the attorneys, with an additional stipulation
as follows:
"We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 51, 54, 63,
72, 73, 74, being two corrections on pages 9, 42, 46, 63, and one on each of the other
pages, subject to the above proviso.
"Walter S. Logan, Attorney for petitioners.
"Wm. T. Hutchings, Attorney for respondent.
"Bv J. J. Hemphill.
"January 13, 1903."
The Commission says that upon the filing of the second amended schedule the
lands described therein were, on January 23, 1903, accepted and adopted by it as the
segregation of Delaware lands which the Commission is directed by law to make; that
since the making and adoption of the latter segregation it has been found that counsel
S. Doc. 104 4
50 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
failed to correct all the errors and discrepancies ti> which their attention was invited;
thai such errors consist largely of improperly including in said schedule certain
lain Is which are embraced within the limits of certain town sites reserved under sec-
tion 24 of the Cherokee agreement; that it has also been found since the adoption of
said segregation that there are lands outside of the segregation, but within the limits
of the Cherokee Nation, which are not occupied by Delawares who own the improve-
ments located thereon, and that there are lands within the segregation which are
occupied by Cherokees who own the improvements thereon. The Commission says
"it is believed that an amendment ought to be made to said segregation, at the
proper time, embodying all the corrections which shall be found necessary," and
concludes its report as follows:
"Inasmuch as it has been held by the supreme court of the District of Columbia
n the case of Bullette v. Hitchcock et al. that the approval of the Secretary of the
Interior is necessary to the validity of any such segregation which the Commission
may make, it is respectfully recommended that the action of the Commission relative
to the adoption of said segregation be approved by the Department, and that at the
proper time the necessary corrections be embodied in an amendment to be added to
said schedule and likewise approved by the Department."
October 6 the Department advised the Commission that the law hereinbefore men-
tioned imposed upon it the duty of investigating and determining wdiat lands are
subject to segregation and said:
" Your Commission can not substitute the judgment of the Delaware Indians or
any of them, or anyone acting for them or any of them, for your own judgment in
this matter."
The Commission was advised that the segregation to become effective must meet
with the approval of the Department; that the list or schedule referred to did not
meet the requirements stated, and it was instructed to at once make such examina-
tion and investigation as would enable the Commission to determine what tracts
should be added to the list and what tracts then embraced therein should be
excluded. October 29 the Department directed the Commission to make a list of
the tracts embraced in the schedule mentioned, showing lands claimed and occupied
by Delawares to which there were no adverse claims, a list embracing all tracts
claimed by Delaware Indians but not included in the list previously presented to the
Commission, and a list embracing the tracts included in the list previously presented
to the Commission to which some Cherokee citizen other than a Delaware made
claim, and forward these lists to the Department with recommendation as to what
action should be taken by the Department upon each list. The Commission makes
no mention of either of these letters, and it does not appear that the Department's
instructions have been complied with. Therefore the Commission's report and
papers accompanying the same, including a map of the Cherokee Nation, are inclosed
herewith for such action as you may be pleased to take thereon.
Very respectfully,
>V. A. Jones, Commissioner.
No. 51.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., November 11, 1903.
The Secretary of the Interior, Washington, D. C.
Sir: It is desired to call the attention of the Department to the action heretofore
taken by the Commission relative to the segregation of Delaware lands, and to submit
herewith the further recommendations of the Commission in the premises, to wit:
The first direction to make a segregation of such lands is found in the act of Con-
gress approved June 28, 1898 (30 Stat. L., 495), section 25 of which provides:
"That before any allotment shall be made of lands in the Cherokee Nation, there
shall be segregated therefrom by the Commission heretofore mentioned, in separate
allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians from the Cherokee Nation under agree-
ment of April eighth, eighteen hundred and sixty-seven, subject to the judicial
determination of the rights of said descendants and the Cherokee Nation under said
agreement. That the Delaware Indians residing in the Cherokee Nation are hereby
authorized and empowered to bring suit in the Court of Claims of the United States,
within sixty days after the passage of this Act, against the Cherokee Nation, for the
purpose of determining the rights of said Delaware Indians in and to the lands and
funds of said nation under their contract and agreement with the Cherokee Nation,
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 51
dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may
bring a like suit against said Delaware Indians; and jurisdiction is conferred on said
court to adjudicate and fully determine the same, with right of appeal to either party
to the Supreme Court of the United States."
Subsequently, it was enacted in section 23 of the act of Congress, approved July 1,
1902 (32 Stat. L., 716), that—
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe, as their rights may be determined by the judg-
ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation, and now pending; but
if said suit be not determined before said Commission is ready to begin the allotment
of lands of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including lands
which have been selected and occupied by Delawares in conformity to the provisions
of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-
seven, such lands so to remain, subject to disposition according to such judgment as
may be rendered in said cause; and said Commission shall thereupon proceed to the
allotment of the remaining lands of the tribe as aforesaid. Said Commission shall,
when final judgment is rendered, allot lands to such Delawares in conformity to the
terms of the judgment and their individual rights thereunder. Nothing in this act
shall in any manner impair the rights of either party to said contract as the same
may be finally determined by the court, or shall interfere with the holdings of the
Delawares under their contract with the Cherokees of April eighth, eighteen hun-
dred and sixty-seven, until their rights under said contract are determined by the
courts in their suit now pending against the Cherokees, and said suit shall be
advanced on the dockets of said courts and determined at the earliest time prac-
ticable."
Pursuant to the authority granted in section 25 above quoted, suit was brought by
the Delaware Indians against the Cherokee Nation, in the Court of Claims of the
United States (No. 21139), for the purpose of adjudicating the rights of said Delaware
Indians to share in the allotment of lands and in the division of funds in the Chero-
kee Nation, under the terms of their contract with the Cherokee Nation, made April
8, 1867. The Court of Claims, on February 2, 1903, rendered a judgment dismissing
said suit, whereupon an appeal was taken to the Supreme Court of the United States,
wdiere said appeal is now pending.
On December 16, 1902, there was filed with the Commission an amended schedule
of lands purporting to comprise the 157,600 acres scheduled and claimed by the Del-
aware Indians in the Cherokee Nation, under their said contract. Annexed to said
schedule was a stipulation, by and between the attorneys for both parties to said
suit, to the effect that said schednle embraced the 157,600 acres of land scheduled
and claimed by the Delawares, and that upon careful examination the descriptions
in said schedule had been found correct.
On December 17, 1902, relying on said stipulation and believing said schedule to
be satisfactory to all the parties in interest, the Commission adopted the following
resolution:
" Be it resolved by the Coimnission, That the acting chairman cause to be set aside
and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the
provisions of section 23 of the act of Congress approved July 1, 1902 (Public — No.
241), subject to disposition according to such judgment as may be rendered in the
case of the Delaware Indians v. The Cherokee Nation, now pending in the United
States Court of Claims, and as shown by the description of said land in the stipula-
tion of counsel for parties in said case, dated at Washington, D. O, December 10, 1902."
In compliance with said resolution the said segregation of Delaware lands was
accordingly made December 17, 1902, and entered on the maps and plats of the Com-
mission. The Commission subsequently found numerous errors and discrepancies
in said schedule, to which the attention of counsel for both parties was directed in a
letter dated January 5, 1903. Thereupon a "second amended schedule" was filed
with the Commission on January 23, 1903. This second amended schedule, which
is simply the former schedule with certain alterations and corrections, contains the
same agreement heretofore mentioned between the attorneys, with an additional
stipulation as follows:
" We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 51, 54, 63,
72, 73, 74, being 2 corrections on pages 9, 42, 46, 63, and 1 on each of the other pages,
subject to the above proviso.
"Walter S. Logan, Attorney for Petitioners.
"Wm. T. Hutching*, Attorney for Respondent,
"By J. J. Hemphill.
"January 13, 1903."
52 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Upon the riling of this second amended schedule the lands described therein were,
on January 23, L903, accepted and adopted by the Commission as the segregation of
Delaware lands which the Commission was directed to make in said section 25 above
quoted. A copy of this schedule is transmitted herewith.
Since the making and adoption of the latter segregation, however, it has been
found that the counsel failed to correct all the errors and discrepancies to which
their attention was directed. Such errors consist largely of improperly including in
said schedule certain lands which are also embraced within the limits of certain town
sites reserved under section 24 of said act of July 1, 1902 (32 Stat. L., 716.)
It has also been found since the adoption of said segregation that there are lands
outside of the segregation, but within the limits of the Cherokee Nation, which are
occupied by Delawares who own the improvements thereon, and that there are
lands within the segregation which are occupied by Cherokees who own the improve-
ments thereon.
Accordingly it is believed that an amendment ought to be made to said segrega-
tion at the proper time embodying all the corrections which shall be found necessary.
Inasmuch as it has been held by the supreme court of the District of Columbia, in the
case of Bullette v. Hitchcock etal., that the approval of the Secretary of the Interior is
necessary to the validity of any such segregation which the Commission may make,
it is respectfully recommended that the action of the Commission relative to the
adoption of said segregation be approved by the Department and that at the proper
time the necessary corrections be embodied in an amendment to be added to said
schedule and likewise approved by the Department.
Respectfully,
Commission to the Five Civilized Tribes.
Tams Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
(Through the Commissioner of Indian Affairs. )
No. 52.
Department of the Interior, Office of Indian Affairs,
Washington, November 18, 1903.
The Secretary of the Interior.
Sir: Referring to Department letters of October 6 and 29, 1903, and to office report
of even date, there is inclosed herewith a report from the Commission to the Five
Civilized Tribes, dated November 14, 1903, explaining the occasion of the Commis-
sion's report of November 11, 1903, recommending that the Department approve of the
segregation of Delaware lands as made by the Commission December 17, 1902, as
subsequently amended. The Commission's report now T transmitted is of consider-
able length, and is simply an argument to the effect that the Department should
approve of said segregation as made by the Commission. The Commission considers
that the segregation should be approved, the approval to relate back to the date the
segregation was made by the Commission in order that the work heretofore per-
formed by the Commission in connection with allotting Cherokee lands may not be
of no avail.
The approval of the segregation at this time, the Commission says, would relate
back to the date the segregation was made by it, and that the segregation would
become effective from that date. This Office does not consider that there can be any
question but that the approval of the alleged segregation by the Department would
relate back to the date it was made by the Commission, and as this seems to be the
substance of the Commission's letter, and considering that it was made in duplicate,
the Office does not believe that it is necessary to enter into any discussion thereof.
Attention is respectfully invited, however, to' the fact that the Commission does not
refer to or mention either of Department letters above referred to.
As stated in Office report of this date, the Commission has not complied with the
directions contained in these letters, and the Commission's report is submitted for
such action as you may be pleased to take thereon.
Very respectfully,
W. A. Jones, Commissioner.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 53
No. 53.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., November 14, 1903.
The Secretary of the Interior, Washington, D. C.
Sir: The Commission having recommended in its letter of November 11, 1903, that
the Secretary of the Interior approve the segregation of Delaware lands heretofore
made and adopted by the Commission, it is fitting that the reasons for such recom-
mendation should be stated.
Reference is made to section 25 of the act of June 28, 1898 (30 Stat. L., 495), which
section is quoted in full in said letter. It provides that before any allotment shall
be made of lands in the Cherokee Nation there shall be segregated therefrom by
the Commission the 157,600 acres of land purchased by the Delawares from the
Cherokees under their agreement of April 8, 1867. Further provisions on the same
subject were embodied in section 23 of a subsequent act of Congress, approved July
1, 1902 (32 Stat. L., 716), which section is also quoted in said letter.
In endeavoring to carry out the directions contained in the two sections above
mentioned the Commission made a segregation of Delaware lands on December 17,
1902, as set forth in said letter.
Certain errors and discrepancies having afterwards been found in the schedule of
lands segregated on that date, the Commission, on January 23, 1903, corrected and
amended said schedule of lands constituting the Delaware segregation; and this cor-
rected schedule has been since treated by the Commission as the legal segregation
of Delaware lands made under and by authority of the provisions of law above
mentioned.
It was subsequently held, however, by the supreme court of the District of Colum-
bia, in the case of Bullette et al. v. Hitchcock et al., that the approval of the Secre-
tary of the Interior is necessary to the validity of any segregation which the Com-
mission may make. Hence it is desired that the Secretary approve said segregation
of December 17, 1902, as corrected and amended on January 23, 1903; since, if it be
held invalid for want of such approval, it is the same as if no segregation had been
made. It would then be necessary to make a segregation de novo and, as it is pro-
vided in section 25 aforesaid that the segregation shall be made before any allotment
of lands in the Cherokee Nation, a question might arise as to the validity of all allot-
ments of lands made in said nation since the opening of the land office; and it is
deemed prudent to avoid anything that might even tend to invalidate the great vol-
ume of work heretofore done by the Commission in making such allotments.
Such approval would be governed by the same principles as the ratification by a
principal of an unauthorized act of his agent, the general rule in such cases being
that —
"The ratification operates upon the act ratified precisely as though authority to do
the act had been previously given, except where the rights of third parties have
intervened between the act and the ratification." (Cook r. Tullis, 18 Wall., 332-342. )
By analogy to such rule the approval of the Secretary of the Interior herein referred
to would relate back and give the segregation the same effect as if it had been author-
ized by him at the time of its making. In other words, the approval would be retro-
active and take effect as of the date of the segregation.
The principle of ratification as above set forth applies also to the unauthorized acts
of public officers which are afterwards ratified or approved by a superior officer or
governing body. (See Mechem on Public Officers, sec. 557-558; 10 A. and E. Enc. L.,
1st ed., p. 471. )
Now, as to the exception mentioned in said rule in favor of the intervening rights
of third persons, it is not believed that any person could acquire rights between
the making of the segregation and its approval which would be so vested that it
would not be permissible, under the authority vested in the Commission and the
Secretary of the Interior, to disturb them. Full explanation is given of the reasons
for this position in another part of this letter, where the question of amending the
segregation is considered.
The persons particularly affected by the segregation of the Delaware lands are
(1) those Cherokee citizens who occupy lands upon which they own improve-
ments within the segregation and (2) those Delawares who occupy lands upon
which they own the improvements outside of the segregation. It is not believed
that a large number of persons are included in either of these classes, but their rights
could be amply protected by amending the segregation from time to time so as to
exclude the lands of class one from the segregation and include those of class two
therein. In any event, the disadvantages following the course herein outlined would
5-4 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
be trivial as compared with the irreparable damage to the whole body of Cherokee
citizens which would result from the invalidation of all the allotments made in the
( Iherokee Nation up to this time.
We come now to a consideration of the question of amending or correcting the
segregation alter it has been once made and approved. The general rule, subject to
some exceptions, is that an amendment will relate back to the date of the matter
amended. (See Heath v. Whidden, 20 Me., 108; Sanger v. Newton, 134 Mass., 308.)
Thus clerical mistakes in the names (if parties may be corrected or a new defense
may be added by amendment, or where evidence not within the issue is offered and
admitted the pleadings may be amended to conform to the evidence. It is also held
by some courts that an amendment in a suit Mill relate back to the date of the tiling
ui the original declaration or complaint, so as to prevent the setting up of the plea
of the statutes of limitations. (See Smith v. Bellows, 77 Pa. St., 441.)
No reason is seen why the amendment to the segregation as suggested should not
be valid as against all persons except such third parties, if there be any, who have
acquired rights between the making of the segregation and of the amendments
thereto. Are there any such persons having intervening rights in Cherokee lands
which are so vested that it would not be permissible to disturb them? The word
" right" is here used as referring to an interest in lands, and is synonymous with an
estate. What, then, is a vested estate? A vested estate is an immediate fixed right
of present or future enjoyment. (See 4 Kent Com., 202. )
Preston says: "A vested estate is an interest clothed with a present legal and
existing right of alienation." (1 Preston on Estates, 65.)
We have, then, at least two elements necessary to constitute a vested estate: (1) A
present fixed right of enjoyment and (2) a present right of alienation.
Applying these principles, can it be said that any citizen of the Cherokee Nation
has any vested right or estate in any of the allotable lands of said nation prior to the
issuance of a patent? We think not. His right is simply in the nature of an expec-
tation of future benefit or interest, and not a present fixed interest which is subject
to alienation. If prior to the issuance of a patent a Cherokee citizen acquires vested
rights by having his enrollment as a citizen approved by the Secretary of the Interior,
then it would be clearly beyond the power of the Secretary to rescind his approval,
or to strike the name of such citizen from the final rolls. Yet the Secretary has
frequently exercised the power of rescinding his former approval of the enrollment of
Cherokee citizens and of striking their names from the final rolls now being made
by the Commission. Presumably, this power is exercised by him under the authority
of a line of decisions of the United States Supreme Court holding, in similar cases,
that until the matter is closed by final action the Secretary of the Interior may cor-
rect, reverse, or vacate any act or decision made by himself or by any subordinate
officer under his supervision. A few of the decisions of said court touching upon
this question are hereinafter cited.
Exclusive jurisdiction in all matters relative to the allotment of lands is conferred
by law upon the Commission, subject to the supervision and control of the Secretary
of the Interior, and all proceedings by the Commission relative to the allotment of
Cherokee lands must receive his approval to be valid. Up to this time no patents-
have been issued for any allotable lands in the Cherokee Nation, and no allotments
of such lands have been approved by the Secretary of the Interior. Even if the
Secretary had approved any matter or proceedings relative to the allotment of such
lands, it" is held by the court in the case of Bullette v. Hitchcock et al. (supra), that
he would still have authority to correct, modify, or vacate the same. In support of
its opinion the court cites the case of Knight v. United States Land Association ( 142
U. S., 161-178). In that case the Commissioner of the General Land Office approved
the survey of certain land involved in the action, and although no appeal was taken
from such approval the Secretary of the Interior subsequently set the survey aside.
It was claimed that his action was illegal. In passing upon this question the court,
speaking through Mr. Justice Lamar, said:
"The statutes in placing the whole business of the Department under the super-
vision of the Secretary invest him with authority to review, reverse, amend, annul,
or affirm all proceedings in the Department having for their ultimate object to secure
the alienation of any portion of the public lands, or the adjustment of private claims
to lands, with a just regard to the rights of the public and of private parties."
Reference is also made to the case of New Orleans v. Pain (147 U. S., 261-266),
which involved the power of the Secretary of the Interior to set aside a survey of the
public lands already approved and to approve a subsequent survey thereof. In that
case Mr. Justice Brown, delivering the opinion of the court, said:
"If the Department Avas not satisfied with this (the first) survey, there was no rule
of law standing in the way of its ordering another. Until the matter is closed by
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 55
final action, the proceedings of an officer of a department are as much open to review
or reversal, by himself or his successor, as are the interlocutory decrees of a court
open to review upon the final hearing."
See also Williams r. United States (138 U. S., 514, 523-524); Hawlev v. Diller (178
U. S., 476, 488, 490); Michigan Land and Lumber Co. u. Rust (168 U. S., 589, 592,
594-595); Belev v. Naphtaly (169 U. S., 353, 364); Brown v. Hitchcock (173 U. S.,
473, 476-478); United States ex rel. v. Hitchcock (190 U. S.), decided May 18, 1903.
In view of the powers of the Secretary of the Interior in respect to the supervision
and control of matters within his jurisdiction, as such powers are defined in this
unbroken line of authorities, it is difficult to see how any person could have any
rights in Cherokee lands, prior to the issuance of a patent, which are so vested that
it would not be permissible to disturb them by amending the Delaware segregation.
If it be considered as established that the Secretary could, as a matter of law,
approve the Delaware segregation heretofore made by the Commission, and that such
approval would relate back to the date of the segregation approved, and could cor-
rect or amend such segregation, without interfering with the vested rights of any
person, then it is believed that, as a matter of expediting the work of allotment in
the Cherokee Nation, it ought to be done.
Respectfully, Tams Bixby,
( 'hairman.
( Through the Commissioner of Indian Affairs. )
No. 54.
Department of the Interior,
Washington, November 19, 190S.
The Assistant Attorxey-General for the Interior Department.
Sir: The Department is in receipt of a report from the Commissioner of Indian
Affairs, dated the 18th instant, in which reference is made to departmental letters of
October 6 and 29, 1903, relative to the segregation of the lands claimed by the Dela-
ware Indians, and inclosing a report from the Commission to the Five Civilized
Tribes, dated November 11, 1903, transmitting what appears to be a "second amended
schedule of lands selected by the Delawares in the Cherokee Nation as per stipulation
of counsel."
The Department is also in receipt of another communication of even date from the
Commissioner of Indian Affairs, transmitting a report from the chairman of said
commission relative to the matter.
Inasmuch as said departmental letters were prepared in your office, said report and
inclosures are transmitted herewith, with a request that you give the Department
your opinion and advice in the premises and the action which ought to be pursued.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 55.
Department of the Interior,
Office of the Assistant Attorney-General.
Washington, November 25, 1903.
The Secretary of the Interior.
Sir: With report of November 11, 1903, the Commission to the Five Civilized
Tribes submitted a schedule of lands selected by the Delaware Indians, in the
Cherokee Nation, to be segregated under the provisions of section 23, of the act ap-
proved July 1, 1902 (32 Stat. L., 716), and under date of November 14, 1903, the
chairman of the commission submitted a further report. The matter has been re-
ferred to this office by note of November 19, 1903, in which, after a reference to
departmental letters of October 6 and 29, 1903, it is said:
"Inasmuch as said departmental letters were prepared in your office, said reports
and inclosures are transmitted herewith, with a request that you give the Depart-
ment your opinion and advice in the premises and the action which ought to be
pursued."
April 20, 1903, the Commission made a report of its action under said section 23 of
the act of July 1, 1902 (supra), in which it was said that a schedule of lands selected
56 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
by the Delawares had been accepted by the Commission as a proper list to be segre-
gated. It was further stated, however, that the Commission had been advised that
there an' "numerous other Delaware citizens whose improved lands are not included
within the said segregation;" thatanumber of Cherokee citizens had made applica-
tion tor allotments of lands embraced in said schedule, claiming to have been in posses-
sion of such lands, and that no Delaware citizen ever occupied such lands or owned
any improvements thereon, and that the lands embraced in said schedules "have
not been selected with due regard for the interests of either the Delaware citizens
generally or other citizens of the Cherokee Nation."
While the Department had this report under consideration, suit was begun in behalf
of the Delaware Indians to enjoin the Secretary of the Interior from in any manner
interfering to change said list, and a temporary restraining order was issued. Upon
final hearing of the case this temporary order was discharged and the injunction
denied. Thereupon the Department, October 6, 1903, issued instructions to the Com-
mission to the Five Civilized Tribes, in which it was said:
" It seems clear that the list or schedule of lands does not meet the requirement
of the statute in that it does not include all the lands which have been selected and
occupied by Delawares and in that it does include lands which no Delaware has
selected and occupied, but to which other Cherokee citizens have claims based upon
alleged settlement and improvements thereon. You will therefore proceed at once to
make such examination and investigation as will enable you to determine what tracts
should be added to said list and what tracts now embraced therein should be excluded,
care being taken to make the list cover the full quantity of land required to be segre-
gated. You will as soon as possible report the results of such investigation, with
suitable recommendations in the premises. In the meantime, and until the segre-
gation shall have become effective, you will suspend all proceedings looking to the
allotment of lands in the Cherokee Nation."
October 29, 1903, further instructions were given, as follows:
"In order that the Department may have a better understanding of the condition
of affairs, and to the end that speedy action may be taken when you shall submit a
new list for action by the Department, these further instructions are given: You will
at your earliest convenience make up a list of the tracts embraced in the former list
which, as shown by the records of your office, are claimed and occupied by Dela-
ware Indians, and to which there are no adverse claims. You will make another
list, which shall embrace all tracts claimed by Delaware Indians, but not included in
the list heretofore presented to you. You will make a third list embracing the
tracts included in the list heretofore presented, to which some Cherokee citizen other
than a Delaware makes claim. You will transmit with each of these lists a state-
ment of the condition of the tracts embraced therein as to the occupancy thereof and
improvements thereon so far as the same are known to you, and will also recom-
mend what action should be taken by the Department upon each of such lists.
"These instructions are not intended to supersede those of October 6, and you
will therefore proceed upon any line of examination and investigation which may
have been entered upon under those instructions."
The list now submitted is the same as that before presented to the Department,
and the Commission still says that there are errors in that list and that "an amend-
ment ought to be made to said segregation at the proper time, embodying all the
corrections which shall be found necessary." They, however, recommend that the
list as it now stands be now approved, leaving the corrections to be made hereafter.
So far as appears from the papers submitted, the Commission has taken no action
under the instructions of October 6 and 29. The Department is still without any
definite information as to the extent of the errors in this list or as to the number of
people affected thereby. The statements made are general and indefinite, to the
effect that numerous Delaware citizens are not protected by said list, and that a num-
ber of Cherokee citizens are affected thereby. The information is altogether too
indefinite to enable the Department to determine the seriousness of the errors in said
list. It was evidently to obviate this difficulty that the instructions of October 29
were given.
If the Department approves the schedule submitted it will do so with the knowl-
edge that it is inaccurate and with the understanding that steps should he taken at
once to make corrections. Under these conditions I am not prepared to advise
approval of said list at this time. If the Commission shall hereafter submit reports
under the instructions heretofore given it, which show that the errors are few and of
small consequence, it may well be that the Department will be justified in giving its
approval of the list as it now stands and making the corrections afterwards. If, how-
ever, such reports should show that the errors are numerous, and a large number of
people are affected thereby, the Department would not, in my opinion, be justified
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 57
in adopting this schedule before corrections were made. My advice, therefore, is
that the Commission be instructed to make the reports called for by letters of Octo-
ber 6 and 29, in order that the Department may be more fully advised in the prem-
ises and in a position to take intelligent action.
The papers submitted are returned herewith.
Very respectfully, F. L. Campbell,
Assistant Attorn ey-( feaeral.
Approved:
E. A. Hitchcock, Secretary.
Ko. 56.
Washington, November 25, 1903.
Dawes Commission, Muscogee, Ind. T.:
Referring your report 11th instant concerning selection of Delaware lands, I have
this day approved opinion Assistant Attorney-General, recommending that you
make the reports called for by departmental letters October 6 and 29 last. Copy of
said opinion follows by mail, with letter of advice.
E. A. Hitchcock, Secretary.
(No. 57.)
November 28, 1903.
Gentlemen: There is inclosed herewith copy of a communication from the Assist-
ant Attorney-General, dated November 25, 1903, approved by me same day, con-
cerning your report dated November 11, 1903, submitting a schedule of lands selected
by the Delaware Indians in the Cherokee Nation, to be segregated under the provi-
sions of section 23 of the act approved July 1, 1902 (32 Stat. L., 716), and referring to
the report of the chairman of the Commission, dated November 14, 1903, concerning
the same matter.
Reference is made by the Assistant Attorney-General to departmental instructions
of October 6, 1903, wherein you were directed to "proceed at once to make such
examination and investigation as will enable you to determine what tracts should be
added to said list and what tracts now embraced therein should be excluded, care
being taken to make the list cover the full quantity of land required to be segregated."
The instructions contained in departmental letter of October 29, 1903, directing
you to transmit three lists, are quoted by the Assistant Attorney-General, and it is
expressly stated that said instructions were not intended to supersede those of Octo-
ber 6, from which the above quotation is made.
N<> special directions were given you in either of said letters as to the manner or
method in which you should make the investigation desired.
It is believed by the Department that your Commission, with its trained and
experienced employees, can secure the information and make the reports called for
by said departmental instructions of October 6 and 29 without serious difficulty or
great delay. It will be necessary that the list of the lands to be segregated shall
contain all the "lands which have been selected and occupied by Delawares in con-
formity to the provisions of their agreement with the Cherokees dated April eighth,
eighteen hundred and sixty-seven," and if the amount of such lands should not
equal the 157,600 acres required by law to be segregated, then there should be
included in said list other lands not occupied or claimed adversely by Cherokees
not Delawares.
It seems to be imperative that the list of Delaware lands submitted by you for seg-
regation should contain all the lands duly "selected and occupied" by the'Delawares.
It certainly will not be difficult to secure satisfactory reports of the condition of those
tracts of land not included in the previous list which are claimed by Delawares, nor
does the Department believe that it will be necessary for your Commission to have
formal hearings to determine the rights of adverse claimants to tracts selected and
occupied by the Delawares. Whether a tract of land is "occupied" or not can be
ascertained by actual inspection, and if occupied the essential facts relative to such
occupancy, sufficient for the purpose to be attained, can probably be discovered by
intelligent inquiry. In this connection it should be borne in mind that, for obvious
reasons, expedition in the matter is of great importance. It will be sufficient if you
secure satisfactory reports from your trusted employees, which will enable you to
present a list of 157,600 acres containing all the lands selected and occupied by Dela-
wares, provided the same do not exceed the amount of 157,600 acres required by law
58 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
to be segregated, and in like manner you can obtain the information which will enable
yon to transmit the other lists referred to in said departmental letters.
You will therefore proceed as soon as possible to cany out the instructions of the
Department in the manner above indicated.
The papers transmitted with your letter of November 11 are also inclosed, together
with copies of the reports of the Commissioner of Indian Affairs, transmitting the
same.
Respectfully, E. A. Hitchcock,
Secretary.
The Commission to the Five Civilized Tribes.
No. 58.
Department of the Interior,
Washington, November 28, 1903.
The Commissioner of Indian Affairs.
Sir: Inclosed herewith for your information is a copy of departmental letter of
even date sent to the Commission to the Five Civilized Tribes, directing it to make
report concerning segregated Delaware lands in the Cherokee Nation.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 59.
Department of the Interior.
Washington, December 10, 1903.
Commissioner of Indian Affairs.
Sir: There is inclosed herewith for your information a copy of the opinion of the
Assistant Attorney-General for the Department, under date of November 25, 1903, in
the matter of the segregation of lands selected by Delaware Indians in the Cherokee
Nation under act of July 1, 1902 (32 Stat. L, 716). Said opinion was approved by
the Secretary.
Respectfully, Tuos. Ryan, Acting Secretary.
No. 60.
Department of the Interior, Office of Indian Affairs,
Washington, April 30, 1903.
The Secretary of the Interior.
Sir: There is transmitted herewith the report of the Commission to the Five Civ-
ilized Tribes relative to the work of the Commission performed during the month of
March, 1903. The Commission, in transmitting this report to the Office, included
therein what they no doubt considered a copy of said report, but upon examination
the Office finds that the same is not a copy, but does seem to be a copy of the Com-
mission's report of the work performed by it in the month of February, 1903.
There is inclosed herewith the copy of said February report which has been on
tile in the Office, so that the Department can compare this February copy wdth the
intended copy of March, 1903. The attention of the Commission should be called to
this matter and a copy of the report furnished by it for the files of this Office. The
Office concludes, of course, that there was simply a mistake in transmitting what was
supposed to be a copy of the inclosed report, and which in fact is not a copy thereof,
and yet it will be noticed that the word "February" in said copy has been erased
and the word "March" substituted therefor.
In connection with the transmittal of these papers, the Office has to report that
there are now 7 on tile in this Office and undisposed of the following citizenship cases:
Cherokee 30
Intermarried Cherokees 57
Creek 4
Choctaw 79
Chickasaw : 1
Mississippi Choctaw 99
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 59
There is also one Creek land-contest case on file in the Office, that of Boss Hawkins
v. Ellen Hawkins, which was appealed from the decision heretofore rendered therein
and is now awaiting the decision of the Department in the matter of the application
of said Ross Hawkins for citizenship in the Creek Nation.
Very respectfully,
A. C. Tonxer, Acting Commissioner.
No. 61.
Muscogee, Ixn. T., April 16, 1903.
The Secretary of the Interior.
Sir: We have the honor to respectfully submit herewith the following statement
of the work of the Commission to the Five Civilized Tribes for the month of March,
1903:
*******
CHEROKEE ALLOTMENT DIVISION.
During the month of March, 1903, 1,204 tickets of admission to the Cherokee land
office were issued, making a total of 6,690 tickets issued since the office was opened on
January 1, 1903. Approximately 3,000 tickets have been called. Of this number
only 1,705 have responded.
Six hundred and thirty-one citizenship certificates, embracing 1,521 applicants,
and 332 reservation certificates, embracing 659 applicants, were issued during the
month of March.
Applications for 2,642 allotments and homesteads were received during March. Of
this number 1,775 were approved. The approval of 707 was withheld because the
enrollment of the applicants as citizens of the Cherokee Nation had not been finally
approved by the Secretary of the Interior; 103 because the land applied for had
already been alloted, and 57 because the land applied for was embraced in the
157,600 acres of land which the Commission caused to be segregated for the Delaware
Indians pending the determination of the suit now pending in the Court of Claims.
Nine hundred and ninety-one certificates of allotment and 958 homestead certifi-
cates have been written, and as soon as the allotments are entered thereon in color
they will be submitted to the Commission for signature.
During the month, 1,250 allotment certificates and an equal number of homestead
certificates were submitted to the Commission for signature. Two hundred and fifty
allotments and 250 homestead certificates were executed during the month, and in
cases where no contest has been entered the certificates have been forwarded to the
allottees.
ALLOTMENT CONTEST DIVISION.
The progress of the work in the allotment contest division during the month of
March and the condition of contested allotment cases at the close of the month, as
indicated by the records of that division, are shown by the following detailed
statement:
*******
Contests instituted prior to March 1 6
Complaints filed during March 43
Complaints returned for correction during March 27
Contests instituted during March 16
Total 22
Contests disposed of prior to March 1
Contests disposed of during March 1
Contests pending before the Commission March 31 21
Contests pending an appeal March 31
Total 22
60 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
The condition of the 21 cases pending before the Commission March .'51 was as fol-
lows:
Awaiting linal determination of citizenship 2
Set for trial 9
Awaiting final hearing in companion case 2
Awaiting issuance of notice < if c< mtest and summons 8
Total 21
Respectfully submitted.
Tams Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commisioner.
(Through the Commissioner of Indian Affairs.)
No. 62.
Department of the Interior,
Washington, May 5, 190.3.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your monthly report dated April 16,
1903, showing the work of your Commission for the month of March, 1903.
The Acting Commissioner of Indian Affairs forwarded your said report on April 30,
and calls attention to the fact that the copy purporting to have been inclosed is not
a copy of the report for March, but apparently for February, 1903. He suggests
that a copy of the March report be forwarded for the files of the Indian Office.
A copy of the report is returned herewith, and you will forward a copy of the
March report for the files of the Indian Office.
Your report relative to the segregation of land for the Dela wares has been referred
to the Assistant Attorney-General for this Department for his opinion relative to the
authority and duty of the Department in the premises. As soon as an opinion is
received you will be duly advised thereof.
Respectfully, Thos. Ryan, Acting Secretary.
No. 63.
[Telegram.]
Dewey, Ind. T., Mag 11, 1903.
Hon. Thos. Ryan,
Interior Department, Washington, D. C:
Have you been able to consider the matter of Delaware segregated lands? If so,
with what result?
Richard C. Adams.
No. 64.
[Telegram.]
Washington, May 11, 1903.
Richard C. Adams, Dewey, Ind. T.:
Answering telegram 11th instant, awaiting opinion of Assistant Attorney-General.
Thos. Ryan, Acting Secretary.
No. 65.
[Telegram.
Fort Scott, Kans., May 14, 1903.
Thos. Ryan.
Assistant Secretary Interior, Washington, D. C:
Please wire me Coates House, Kansas City, full particulars Delaware segregated
land matter; Indians anxious.
Geo. L. Chase.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 61
No. 66.
[Telegram.]
Washington, D. C, May 14, 1903.
George L. Chase, Fort Scott, Kans.:
Answering telegram 14th instant, matter referred to Assistant Attorney-General
for opinion. Not yet received.
Thos. Ryan, Acting Secretary.
No. 67.
[Telegram.
Kansas City, May 15, 1903.
Thomas Ryan,
Acting Secretary Interior, Washington:
Can you inform me to-day concerning Delaware lands? Answer court-house.
R. C. Adams.
No. 68.
[Telegram.
Washington, May 15, 1903.
R. C. Adams,
Care Court-House, Kansas City, Kans:
Answering telegram 15th, opinion Assistant Attorney-General, to whom matter was
referred, has not yet been rendered.
Thos. Ryan, Acting Secretary.
No. 69.
[Telegram.]
St. Louis, Mo., May 18, 1903.
Hon. Thomas Ryan,
Acting Secretary of Interior, Washington, D. C:
Many Cherokees filing on Delaware lands. Delawares greatly excited and insist on
court proceedings being brought. I prefer friendly action by Department, if pos-
sible. Wire me situation Monday forenoon, Southern Hotel, St. Louis, so I can
advise Chase in Territory immediately.
Richard C. Adams.
No. 70.
[Telegram.]
Washington, May 18, 1903.
Richard C. Adams,
Southern Hotel, St. Louis, Mo.:
Replying to telegraphic inquiry 18th instant, the question as to validity of segrega-
tion by Commission of claimed Delaware lands is under immediate consideration by
Department.
Thos. Ryan, Acting Secretary.
No. 71.
[Telegram.]
St. Louis, Mo. , May 19, 1903.
Thos. Ryan,
Acting Secretory, Washington, D. C:
Wire conclusions Delaware case Southern Hotel as soon as decided.
Richd. C. Adams.
62 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 72.
[Telegram.]
Washington, May 20, 1903.
Richard C. Adams,
Southern Hotel, St. Louis, Mo.:
Answering telegram May 19, will advise you by telegram of the conclusion in the
matter of Delaware case as soon as reached.
Thos. Ryan, Acting Secretary.
No. 73.
Department of the Interior, Office of Indian Affairs,
Washington, June 4, 1903.
The Secretary of the Interior.
Sir : I have the honor to transmit herewith report of the Commission to the Five
Civilized Tribes of its work accomplished during the month of April, 1903. I recom-
mend that the report be approved.
Very respectfully, A. C. Tonner, Acting Commissioner.
No. 74.
[Extract from the report of the Commission to the Five Civilized Tribes, dated May 16, 1903.]
The Secretary of the Interior.
Sir: We have the honor to submit herewith the following statement of the work
of the Commission to the Five Civilized Tribes for the month of April, 1903:
* ******
CHEROKEE ALLOTMENT DIVISION.
Approximately 1,000 tickets of admission to the Cherokee land office were issued
during the month of April, making a total of 7,800 issued since the office was estab-
lished, on January 1, 1903. Of this number, 300 were issued to full-blood Cherokees,
and entitled the holders to appear at the land office at any time and make applications
for their allotments. Of the 7,800 tickets issued, approximately 2,500 have been
presented at the land office.
Applications for 2,384 allotments and homesteads were received during April. Of
this number 1,518 were approved. The approval of 637 was withheld because the
enrollment of the applicants as citizens of the Cherokee Nation had not been finally
approved by the Secretary of the Interior; 154 because the land applied for had
already been allotted; 63 because the land applied for was embraced in the 157,600
acres of land which the Commission caused to be segregated for the Delaware Indians,
and 12 because the land applied for was embraced in various tentative reservations
theretofore made.
During the month of April, 1903, 149,715.61 acres of land, valued at $532,187.06,
were allotted to citizens of the Cherokee Nation.
Approximately 750 allotment certificates and an equal number of homestead certifi-
cates have been written, and as soon as the allotments have been shown thereon in
color will be forwarded to the applicants.
Five hundred allotment certificates and an equal number of homestead certificates
which had been executed by the Commission were forwarded to the allottees in such
cases as contest had not been entered or other objection found to exist.
Conformable to the plan theretofore advertised throughout the Cherokee Nation,
the land office was on April 30 removed from Vinita to Tahlequah, Ind. T., there
to be maintained indefinitely.
During the period of four months that the Cherokee land office was located at
Vinita, Ind. T., allotments were made to 6,813 persons. A number of the applicants
presented themselves a second time and applied for additional lands, making a total
of 7,987 applications for allotments received at Vinita. Of this number 5,293 were
approved. The approval of 2,148 was withheld because the enrollment of the appli-
cants as citizens of the Cherokee Nation had not been finally approved by the Secre-
tary of the Interior; 343 because the land applied for had already been allotted to
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 63
other citizens; 176 because the land applied for was embraced in the 157,600 acres of
land which the Commission caused to be segregated for the Delaware Indians pending
the final determination of the suit instituted by the Delawares against the Cherokee
Nation, and 27 because the land applied for was embraced in tentative reservations
theretofore made for certain towns and other purposes in the Cherokee Nation.
ALLOTMENT CONTEST DIVISION.
The progress of the work in the allotment contest division- during the month of
April and the condition of contested allotment cases at the close of the month, as
indicated by the records of that division, are shown by the following detailed
statement:
*******
CHEROKEE NATION.
Contests instituted prior to April 1 22
Complaints filed during April 120
Complaints returned for correction during a April 27
Contests instituted during April 93
Total 115
Contest disposed of prior to April 1 1
Contest disposed of during April 1
Contests pending before the Commission April 30 112
Contest pending before the Department April 30 1
Total 115
The condition of the 112 Cherokee contest cases pending before the Commission on
April 30 was as follows:
Set for trial 46
Awaiting final determination of citizenship 23
Involved in Delaware segregation 6
Awaiting action on complaint 27
Awaiting decision 8
Awaiting issuance of notice of dismissal 1
Continued indefinitely 1
Total 112
The Cherokee case pending before the Department on April 30 was awaiting action
of the Department as to ordering a hearing on the complaint. * * *
Respectfully submitted.
Tams Bixby, Chairman,
T. B. Needles,
C. R. Breckinridge,
(Through the Commissioner of Indian Affairs.)
Commissioners.
No. 75.
Department of the Interior,
Wash i ngton, .June 6, 1903.
Commissioner of Indian Affairs.
Sir: Referring to the Acting Commissioner's communication of June 4, 1903, there
is inclosed departmental letter, to be forwarded to the Commission to the Five Civ-
ilized Tribes, approving, as recommended by the Acting Commissioner, its report of
work done during the month of April, 1903, by the Commission.
By departmental letter of December 22, 1900, your attention was invited to the
statement in the Commission's monthly report for November, 1900, as to the number
of contests pending on appeal, and it was stated that —
"The Department desires that hereafter your office should report upon the status
of the appeals and other matters transmitted by the Commission for the considera-
tion of the Department, when you transmit the report of the Commission."
64 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
You are requested to make a report, as heretofore directed, upon the matters con-
tained in said report of the Commission concerning the status of appeals, etc.
Respectfully,
Tuos. Ryan, Acting Secretary.
No. 76.
Department of the Interior,
Washington, June6, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your report of May 16, 1903, giving
a statement of the work of the Commission for the month of April, 1903.
In accordance with the recommendation of the Acting Commissioner of Indian
Affairs, said report is hereby approved. A copy of the Acting Commissioner's
letter, dated June 4, is inclosed.
Respectfully, Thos. Ryan, Acting Secretary.
No.
June 5, 1903.
The Attorney-General.
Sir: Inclosed herewith I hand you a copy of a subpoena served upon me as Secre-
tary of the Interior, in the case of George Bullette et al. v. E. A. Hitchcock et al., No.
23991, equity docket 53, in the supreme court of the District of Columbia; also copy
of the bill filed by the plaintiffs in said suit.
I should be very much pleased if you would designate counsel to appear in behalf
of the Government in this matter, which you will notice is set down for hearing on
the 19th instant. The Department will take pleasure in furnishing all information
in its possession necessary to the proper representation of the defendants herein
Very respectfully,
E. A. Hitchcock, Secretary.
No. 78.
Department of Justice,
Washington, D. C, June 8, 1903.
The Secretay of the Interior.
Sir: I have the honor to acknowledge the receipt of your letter of the 5th instant
inclosing copies of the bill in the case of George Bullette et al. v. E. A. Hitchcock
et al., No. 23991, equity docket 53, in the supreme court of the District of Columbia,
and to say that in accordance with your request I have to-day directed the United
States attorney for the District of Columbia to appear on your behalf in the case.
Respectfully,
P. C. Knox, Attorney-General.
No. 79.
n the supreme court of the District of Columbia. Holding an equity court. George
Bullette, Henry Armstrong, John H. Secondyne, John Young, John Sarcoxie, jr.,
and Richard C. Adams, on their behalf and on behalf of the Delaware tribe of
Indians, residing in the Indian Territory, and George Bullette, Henry Armstrong,
John Young, and John Sarcoxie, jr., a business committee duly appointed by the
members of the tribe of Delaware Indians, complainants, v. Ethan Allen Hitch-
cock, Secretary of the Interior, and Tarns Bixby, Thomas B. Needles, Clifton R.
Breckinridge, and William E. Stanley, members of and composing the Commission
to the Five Civilized Tribes, defendants. In equity, No. 23991.
Answer of the defendant, Ethan Allen Hitchcock, as Secretary of the Interior, to the bill <;/"
complaint.
The defendant, Ethan Allen Hitchcock, as Secretary of the Interior, now and at
all times hereafter saving and reserving to himself all manner of benefit and advan-
tage of exception to the many errors and insufficiencies in the complainant's said
bill of complaint contained for answer thereunto, or to so much of such parts thereof
as this defendant is advised is material for him to make answer unto, answers and
says:
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 65
I. This defendant neither admits nor denies the allegations of the first paragraph
of the bill of complaint, and calls for strict proof thereof.
II. This defendant admits the allegation of the second paragraph of the bill of
complaint.
III. This defendant denies that the Delaware Indians are a band of the Cherokee
tribe or nation, or that since the 8th day of April, 1867, they have preserved their
tribal organization, or have maintained their tribal laws, customs, and usages, as set
forth in the third paragraph of the bill of complaint, but admits that said Delaware
Indians, as individuals, became and are citizens of the Cherokee Nation by virtue of
the agreement of April 8, hS67.
1Y. This defendant, answering the allegations set forth in the fourth paragraph of
the bill of complaint, denies that an agreement was entered into by and between the
Cherokee Nation of Indians and the Delaware tribe of Indians, then living in Kansas,
whereby said Cherokee Nation sold to the Delawares an amount of land east of the
ninety-sixth degree, as alleged in said paragraph four; and further answering the
allegations set forth in said paragraph, he alleges that on the 8th day of April, 1867,
the ( Jherokee Nation agreed to sell to the Delawares, for their occupancy, the quantity
of land named in said paragraph, upon the terms and conditions therein set forth; and
further answering the allegations set forth in said paragraph, defendant admits each
ami every of them not heretofore denied; and further answering the allegations set
forth in said paragraph, this defendant further alleges that the said 157,600 acres of
land mentioned and described in said paragraph has not been set apart or segregated.
V. This defendant admits the allegations set forth in the fifth paragraph of the bill
of complaint.
VI. This defendant, answering the allegations set forth in the sixth paragraph of
the bill of complaint, alleges that there has been no segregation of the 157,600 acres
of land mentioned and described therein, and as to the other allegations set forth in
said paragraph, the same are admitted.
VII. VIII, and IX. This defendant admits the allegations set forth in the seventh,
eighth, and ninth paragraphs of the bill of complaint.
X. This defendant, answering the allegations set forth in the tenth paragraph of
the bill of complaint, alleges that by section 22 of the act of June 1, 1902 (32 Stat.,
716, 718), exclusive jurisdiction is conferred upon the Commission to the Five Civi-
lized Tribes, under the direction of the Secretary of the Interior, to determine all
matters relative to the appraisement and allotment of the lands in said act provided
for; and this defendant, further answering the allegations set forth in said paragraph,
admits that under section 69 of said act, alter the expiration of nine months from the
date of the original selection of any allotment by or for any Cherokee citizen, no
contest should be instituted against such selection, and that as early thereafter as
practicable a patent should issue therefor.
XI and XII. This defendant is advised by counsel that the allegations set forth in
the eleventh and twelfth paragraphs of said bill of complaint are matters of law, and
not necessary to be answered.
XIII. This defendant, answering the allegations set forth in the thirteenth para-
graph of the hill of complaint, alleges as follows: That on December 16, 1902, there
was filed w ith the Commission to the Five Civilized Tribes a list or schedule of lands
aggregating 157,600 acres, alleged to have been theretofore selected by the Delaware
Indians and claimed by them under their agreement with theCherokee Nation dated
April S, 1867; that thereafter, and on December 17, 1902, said Commission, by resolu-
tion, instructed Tains Bixbv, defendant herein, and who was at the time acting chair-
man of said Commission, to cause to be set aside and segregated the lands designated
and described in said list or schedule; that thereafter, and in compliance with said
resolution, said defendant Bixby, as acting chairman of the said Commission, caused
the tracts described in said schedule to be marked on maps or plats of lands within
the Cherokee Nation, on tile in the office of the Commission, as set aside under said
section 23 of the act of July 1, 1902; that thereafter, and upon further examination,
the said Commission to the Five Civilized Tribes discovered numerous errors in said
list or schedule and called the attention thereto of the person who had theretofore filed
the same; that thereafter, and on January 23, 1903, the said Commission received from
a person claiming to be a representative of the Delaware tribe of Indians an alleged
corrected list or schedule of lands selected I >v them, aggregating about 157,600 acres, in
the Cherokee Nation; that thereafter the list or schedule filed on December 16, 1902,
was corrected to correspond with the list or schedule as filed on January 23, 1903, and said
corrected list or schedule was accepted by said Commission as a proper designation of
the lands to be selected and segregated under the provisions of said section 23 of the
act aforesaid; that thereafter a number of Cherokee citizens not Delawares complained
to the Commission that the list or schedule so corrected embraced a large quantity of
S. Doc. 104 5
66 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Lands which had theretofore been in their possession and upon winch they had made
improvements and which had not been occupied or improved by the Dela wares or
any of them; that since the filing of said list or schedule as corrected a number of
Delaware Indians have made complain! to the Commission that said corrected list or
schedule did nut include lands which had theretofore been selected and occupied by
them, and they then made request to the Commission to he allowed to make final
selections of lands containing improvements upon which they resided and which
were not included in said corrected list or schedule; that since the acceptance of said
corrected list or schedule the < '. mi mission has discovered that it includes lands which
were by law reserved for town site and other purposes, and not subject to he set
apart ami segregated under the provisions of said section -'■',.
This defendant further alleges that the lands designated and described in the afore-
said corrected list or schedule were not selected with due regard for either the Dela-
ware citizens generally or other citizens of the Cherokee Nation, and that said
corrected list or schedule embraces lands which bylaw are reserved for town site
and other purposes under the provisions of section 24 of the aforesaid act of July 1,
1902. This defendant further alleges that on April 20, 1903, the Commission made
report of its acts and proceedings with respect to the riling and acceptance of the
aforesaid list or schedule of lands to the Secretary of the Interior for his approval,
which report was received by the defendant as Secretary of the Interior on April 30,
1903, and has not been fully considered by him, nor have the acts and proceedings
of the Commission, as set forth in this paragraph of the answer of this defendant,
received his approval as Secretary of the Interior; neither has he accepted or
approved said corrected list or schedule as a proper description and designation of
the lands required by said section 23 to he segregated.
XIV. This defendant is advised by counsel that the allegations set forth in the
fourteenth paragraph of the bill of complaint are matters of law, and not necessary
to be answered.
XV. Answering the allegations as set forth in the fifteenth paragraph of the bill
of complaint, this defendant denies that the Commission. to the Five Civilized Tribes
now claims to have the right to receive applications for the allotment of lands desig-
nated and described in the lists referred to in paragraph 13 of the bill of complaint,
or now claims to have the right, upon the filing of any such applications, to consider
that the individual Delawares are barred and foreclosed of any interest in the 157,600
acres of land to be segregated by section 23 of the act of Congress of July 1, 1902.
XVI. This defendant admits that the suit referred to in paragraph 16 of the bill of
complaint is pending in the Supreme Court of the United States, and denies each
and every other allegation in said paragraph.
XVII. This defendant denies that the Commission and the Secretary of the
Interior, or either of them, has disregarded any protest made to them or to either
of them by the Delaware Indians, or any agent thereof, as alleged and set forth in
the seventeenth paragraph of the bill of complaint, and alleges that all protests made
to said Commission and to the Secretary were being considered by this defendant, as
Secretary of the Interior, in connection with the acts and proceedings of said Com-
mission under said section 23 of the act of July 1 , 1902, at the time of the filing of
the bill of complaint herein, and that appropriate action thereon and on such acts
and proceedings of said Commission has not been taken because of the issuance of
the temporary restraining order herein.
XVIII. This defendant is advised by counsel that the allegations set forth in the
eighteenth paragraph of the bill of complaint are matters of law, and not necessary
to be answered.
XIX. For answer to the nineteenth paragraph of the bill of complaint, this defend-
ant alleges that there has been no segregation of the 157,600 acres of land, and in
this connection refers to paragraph thirteen of this answer. He denies that the said
Commission has-done any acts to interfere with or prejudice the rights of the com-
plainants, or either of them, to any lands in the Cherokee Nation to which they are
entitled, or that he, as such Secretary of the Interior, has done any acts or threatened
to do any acts which in any way interfere with or prejudice the rights of the com-
plainants, or either of them, to any of the lands claimed by them in the Cherokee
Nation.
NX. With respect to the allegations set forth in the twentieth paragraph of the
bill of complaint, this defendant says that when the segregation of lands provided for
in section 23 of said act of July 1, 1902, is made and approved, no allotments will be
made of any lands included in said segregation until the suit mentioned in said sec-
tion 23 is finally determined, nor will any action be taken by said Commission, or
by this defendant as Secretary of the Interior, which will in any way prejudice the
rights of the Delaware Indians to the lands included in said segregation.
XXI. This defendant, answering the allegations set forth in the twenty-first para-
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 67
graph of the bill of complaint, alleges that he has not sufficient knowledge or infor-
mation upon which to base a belief as to the truth of said allegations, and therefore
denies the same.
XXII and XXIII. This defendant is advised by counsel that the allegations set
forth in the twenty-second and twenty-third paragraphs of the bill of complaint are
matters of law, and not necessary to be answered.
XXIV. Answering the allegations set forth in the twenty-fourth paragraph of the
bill of complaint, this defendant denies that any acts of said Commission, or of this
defendant as such Secretary of the Interior, have caused or will cause a multiplicity
of suits, or have caused or will cause any loss, inconvenience, or damage whatever to
the complainants, or any of them.
XX V. Answering the allegations set forth in the twenty-fifth paragraph of the
bill of complaint, this defendant alleges, as he has heretofore alleged in the thirteenth
paragraph of this answer, that no segregation as required by law has been made.
And further answering the allegation set forth in said paragraph, this defendant
denies that the Commission has unlawfully permitted an application to be tiled with
respect to the lands claimed by Richard C. Adams, or that any contest has been
initiated with respect to the same. And this defendant further alleges that if any
person or persons have gone upon, taken possession of, or committed acts of trespass
or waste with respect to any lands claimed by said Richard C. Adams, or threatened
injury to said lands and premises claimed by him, such acts and proceedings upon
the part of third persons have been done and performed without the knowledge and
consent of this defendant or of said Commission.
XXVI. Answering the twenty-sixth paragraph of the bill of complaint, this defend-
ant alleges, as he has heretofore alleged in the thirteenth paragraph hereof, that no
segregation of 157,600 acres of land has been made, as required by law.
XXVIJ. Answering the allegations as set forth in paragraph 26J of the bill of
complaint, this defendant admits that by the several acts of Congress creating and
defining the powers of the Commission to the Five Civilized Tribes, and all the acts
and proceedings of said Commission under said laws, are subject to the direction of
the Secretary of the Interior; and this defendant denies that the acts and proceedings
of the Commission with respect to said lists or schedules of land received by said
Commission, as heretofore mentioned, were done by the direction and with the
approval of this defendant as such Secretary of the Interior.
XXVII, XXVIII, and XXIX. This defendant is advised by counsel that the alle-
gations set forth in the twenty-seventh, twenty-eighth, and twenty-ninth paragraphs
of the bill of complaint have all been sufficiently answered.
And further answering the bill of complaint, this defendant, as such Secretary of
the Interior, alleges that this defendant, as such Secretary of the Interior, and the
Commission to the Five Civilized Tribes of Indians constitute a special tribunal
whose duty it is to segregate and allot the lands in the Cherokee Nation; that the
performance of this duty requires upon the part of said tribunal the exercise of
judgment and discretion; that the segregation provided for in section 23 of the act
aforesaid, before it is complete or effective, must be approved by this defendant as
such Secretary of the Interior; that this duty involves upon his part as such Secre-
tary the exercise of judgment and discretion, and is not, as he is advised, subject to
review, control, or interference by the judicial branch of the Government in injunc-
tion proceedings; and this defendant prays the same benefit of his defense as if he
had formally demurred to the bill upon the ground thereof; all which matters and
things in this answer contained this defendant is ready to aver, maintain, and prove
as this honorable court shall direct, ami humbly prays to be hence dismissed with
his reasonable costs and charges in this behalf most wrongfully sustained.
E. A. Hitchcock,
Secretary of the Interior.
Morgan II. Beach,
Solicitor for Defendant, Ethan Allen Hitchcock.
United States of America, District of Columbia, ss:
Ethan Allen Hitchcock, being duly sworn, deposes and says that he has read the
foregoing answer subscribed by him and knows the contents thereof; that the facts
therein stated of his own knowledge are true, and those stated upon information and
belief he believes to be true.
E. A. Hitchcock.
Subscribed and sworn to before me this 19th day of June, 1903.
[notarial seal.] W. Bertrand Acker,
Notary Public in "ad for the District of Columbia.
68 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 80.
In the supreme court of the District of Columbia. George Bullette et al., complain-
ants, v. Ethan Allen Hitchcock, Secretary of the Interior, et al, defendants. In
equity, No. 23991.
Now come the complainants and by their solicitors move the court for leave to
amend their bill of complaint by adding to Paragraph XIII thereof the following
averments:
That the arts anil proceedings of said Commission and of the Commissioner of
Indian Affairs, and of the defendant, the Secretary of the Interior, in the administra-
tion and execution of the provisions of said section 23 of said act of Congress are
fully set forth in the report of the said Commission dated October 20, 1902, and in
the report of the Commissioner of Indian Affairs dated November 22, 1902, and in
the letter of the defendant, the Secretary of the Interior, relating thereto, dated
November 29, 1902, and in the report of said Commission dated March 27, 1903, and
in the report of the Commissioner of Indian Affairs dated March 27, 1903, and in the
letter of the defendant, the Secretary of the Interior, relative thereto, dated March
31, 1903, and in the report of said Commission dated April 20, 1903, and in the reports
of the Commissioner of Indian Affairs dated April 28 and April 30, 1903, the report
of the Commission dated March 17, 1903, the report of the Commissioner of Indian
Office March 27, 1903, action and letter of Secretary of Interior March 31. 1903,
report of Commission, April 16, 1903, report of Indian Office, April 30, 1903, report of
Commission, May 16, 1903, Secretary's letter thereon, June 6, 1903, copies of which
reports and letters are filed herewith and made part hereof, and are marked respec-
tivelv Delaware Exhibits "A," "B," "C," "C ! ," "C 2 ," "C 3 ," "C*," "C\"
"D," "E," "F," "G," and "II.
That it appears from said reports and letters and the fact is that the segregation of
said 157,600 acres of land was made and completed by said Commission as required
by the provisions of said section 23 in the month of December, 1902, and was held
and considered by the said Commission and by the Secretary of the Interior as having
been made and completed by said Commission and by the Secretary of the Interior,
and was in fact then approved and considered to have been approved by the Secre-
tary of the Interior, and thereupon, and after said segregation had been made, and
because it was held by the Secretary of the Iuterior to have been made in compliance
with the law, the said Commission proceeded, under the direction and with the
approval of the defendent, the Secretary of the Interior, to the allotment of the
remaining lands as authorized and required by said act, and on or about the 1st of
January, 1903, said Commission opened the land office at Vinita, Indian Territory,
for the purpose of receiving applications from Cherokees for lands other than those
so segregated and making allotments therefor; that after said land office was opened
as aforesaid — during the months of January and February, 1903 — more than 1,600
applications were tiled and more than 1,300 allotments were made and reported and
the report thereof approved by the defendent, the Secretary of the Interior; that said
office continued open until the time of filing this suit — in June, 1903— during which
time more than 8,000 applications, covering more than M00, 000 acres of land, were
made, and more than 5,000 allotments, covering over 500,000 acres of land, were
reported, and the records thereof were approved by the defendant, the Secretary of
the Interior.
And that the approval of said allotments was based upon and followed the segre-
gation of said land as aforesaid and could not have been legally made, and would
not have been, and would not be valid if said segregation has not been made as
required by the terms of said section 23 as preliminary and as a prerequisite to the
making of said allotments.
Walter S. Logan,
Nathl. "Wilson,
George S. Cii \si:.
Solicitors.
District of Columbia, ss:
Eichard C. Adams, being first duly sworn, deposes and says that he has read the
foregoing and proposed amendment to the bill of complaint in the above-entitled
case; that the facts therein stated as of his own knowledge are true, and thosa stated
on information, derived from others, he believes to be true.
Richard C. Adams.
Subscribed and sworn tr before me this 23d day of June, A. D. 1903.
< rEORGE F. GRAHAM,
Nut<ir>i Public, District Columbia.
ALLOTMENT OF LANDS TO DELAWAKE INDIANS. 69
Notice to Morgan H. Beach of calling up motion Friday, June 26, 1903, at 10
o'clock, before Mr. Justice Anderson.
No. 81.
In the supreme court of the District of Columbia, George Bullette et al., complain-
ants, v. Ethan Allen Hitchcock, Secretary of the Interior et al., defendants. In
equity, No. 23991.
Ansiver of defendant, Ethan Allen Hitchcock, to tin amendment to the hill of complaint.
Comes now the defendant, Ethan Allen Hitchcock, as Secretary of the Interior,
and, saving and reserving to himself all manner of benefit and advantage of exception
to the many errors and insufficiencies in the amendment to the complainants' bill of
complaint, for answer thereto, or to so much of such parts thereof as he is advised is
material for him to make answer unto, alleges as follows:
(1) Defendant, as such Secretary, denies that the acts and proceedings of the
Commission to the Five Civilized Tribes of Indians, and of this defendant as Secretary
of the Interior, or either of them, in the administration and execution of the provi-
sions of section 23 of the act of July 1, 1902 (32 Stat., 716, 718), are fully set forth
in the report of the Commission of October 30, 1902, the report of the Commissioner
of Indian Affairs of November 22, 1902, the letter of this defendant, as such Secre-
tary, of November 29, 1902, the report of the Commission of March 17, 1903, the
report of the Commissioner of Indian Affairs of March 27, 1903, the letter of this
defendant, as such Secretary, of March 30, 1903, the report of the Commission of
April 20, 1903, and the reports of the Commissioner of Indian Affairs of April 28 and
April 30, 1903, as alleged and set forth in said amendment to the complainants' hill
of complaint.
(2) Defendant, as such Secretary, denies that there has been any segregation of
157,600 acres of land, or that from said reports and letters, or from either or any of
them, it appears that the segregation of 157,600 acres of land was made and completed
by the Commission as required by the provisions of said section 23 of the act of July
1, 1902, or that it appears from said reports and letters, or from either or any of them,
that it was held and considered by the Commission or by the Secretary of the Inte-
rior, or either of them, as having been made and completed by said Commission and
by the Secretary of the Interior, or either of them, or was in fact approved or con-
sidered to have been approved by the Secretary of the Interior, as alleged and set
forth in the amendment to said hill of complaint.
(3) Defendant, as such Secretary, denies that the Commission to the Five Civilized
Tribes proceeded to the allotment of any of the lands in the Cherokee Nation under
the direction and with the approval of this defendant, as such Secretary of the Inte-
rior, as alleged and set forth in the amendment to said hill of complaint.
(4) This defendant, as such Secretary, further answering the allegations in the
amendment to the hill of complaint, alleges that on or about the 1st day of January,
1903, (he Commission to the Five Civilized Tribes of Indians opened a land office at
Vinita, Ind. T., for the purpose of receiving and passing upon applications from
Cherokee citizens not I Via wares for lands in the Cherokee Nation; that thereafter,
and until the filing' of the bill of complaint herein, the Commission received and
passed upon applications for allotments made by members of the Cherokee Nation
not Delawares, but no applications for allotments thus received and passed upon by
said Commission have been approved by this defendant as such Secretary of the
Interior; that at the time of the filing of the bill of complaint herein this defendant,
as such Secretary, was considering the acts and proceedings of said Commission in
so receiving and passing upon allotments, in order to determine whether said acts
and proceedings were in conformity with the requirements of the aforesaid act of
July 1, 1902.
(5) This defendant, as such Secretary, further alleges that the title to all the lands
in the Cherokee Nation is still held by said nation; that until the title to lands em-
braced in any segregation provided for in section 23 of the act aforesaid has passed
from said nation, this defendant, as such Secretary, has under the law full power
and authority to correct, modify, annul, vacate, or set aside, any segregation of lands
in the Cherokee Nation theretofore made by the Commission, notwithstanding said
segregation may have received the approval of this defendant as such Secretary; and
further, that this defendant as such Secretary, until the title to the lands embraced
in any allotment has passed from the Cherokee Nation, has full power and author-
ity to correct, modify, annul, vacate, or set aside, any allotment received and passed
TO ALLOTMENT OF LANDS TO DELAWARE INDIANS.
upon by tin- Commission, notwithstanding the allotment may theretofore have been
approved by this defendant as such Secretary of the Interior, and this defendant
prays the same benefit of the defense alleged in this paragraph as it' he had Eormerly
demurred to the bill upon the ground thereof.
All of which matters ami things in this answer contained this defendant is ready
to aver, maintain, and prove, as this honorable court shall direct, and humbly prays
to be hence dismissed with reasonable costs and charges in this behalf most wrongfully
sustained.
Ethan A. Hitchcock,
Secretary of the Interior.
Morgan II. Beach,
Solicitor for Defendant, Ethan Allen Hitchcock.
United States of America, District of Columbia, ss:
Ethan Allen Hitchcock, being duly sworn, deposes and says that he has read the
foregoing answer to the amendment to the hill of complaint subscribed by him and
knows the contents thereof; that the facts therein stated of his own knowledge are
true, and those stated upon information and belief he believes to be true.
Ethan A. Hitchcock.
Subscribed and sworn to before me this 30th day of June, 1903.
Wm. H. De Lacy, Notary Public
[notarial SEAL.]
No. 82.
In the supreme court of the District of Columbia. Holding an equity court. George
Bullette et al. on their own behalf and on behalf of the Delaware tribe of Indians
residing in the Indian Territory, complainants, v. Ethan Allen Hitchcock, as Sec-
retary of the Interior et ah, defendants. In equity, No. 23991.
Affidavit of Ethan Allen Hitchcock in support of motion to dissolve temporary restraining
orders.
Ethan Allen Hitchcock, being first duly sworn, upon his oath doth depose and say:
That he is and since the 20th day of February, 1899, has been Secretary of the Inte-
rior; that as such Secretary he is one of the defendants in the above-entitled action;
that the defendants, Tarns Bixby, Thomas B. Needles, Clifton R. Breckenridge, and
William E. Stanley, are members of and constitute what is known as the Commission
to the Five ( 'ivilized Tribes of Indians, provided for by section 16 of the act of March
3, 1893 (27 Stat:, 612, 645), and the amendments thereto; that as such Secretary of
the Interior this deponent is charged by sections 441 and 463 of the Revised Statutes
of the United States with the supervision and direction of all public business relating
to the Indians, the management of Indian affairs, and the management of matters
arising Out of Indian business, and by section 22 of the act of July 1, 1902, (32 Stat..
716, 718), he is especially charged with the direction, supervision, and control of all
matters in respect to the appraisement and allotment of lands within the Cherokee
Nation.
And deponent further says that by section 23 of the act last mentioned authority
is conferred upon said Commission, under the direction of the Secretary of the
Interior, to cause to be segregated 157,600 acres of land in the Cherokee Nation,
including lands which have been selected and occupied by Delawares in conformity
with the provisions of their agreement with the Cherokees dated April 8, LS<>7; that
in making a list of lands to be so segregated it is incumbent upon said Commission to
include therein any and all lands which have been selected and occupied by Dela-
wares in conformity to the provisions of their agreement with the Cherokeesof April
8, 1867, and to exclude therefrom lands occupied and which have been improved by
other Cherokee citizens, or any of them; also to exclude all lands set apart lor town
sites by the provisions of the acts of June 28, 1898 (30 Stat., 495), May 31. 1900 (31
Stat., 221) and of July 1, 1902, supra; also to reserve all other lands as provided for
in section 24 of the last-named act, and to forward a list of the lands so required to
be segregated to the Secretary of the Interior for his approval.
And this deponent further says that the segregation so required to be made before
it is complete and effective must be approved by the Secretary of the Interior.
Further, that on December Hi, 1902, said Commission permitted to be filed with it
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 71
by Walter S. Logan, claiming to be the attorney for the Delaware Indians, an alleged
schedule or list of lands aggregating 157,600 acres within the Cherokee Nation, and
on December 17, 1902, said Commission, by resolution, instructed its acting chairman
to cause to be set aside and segregated the lands designated and described in said
schedule or list, and thereafter said acting chairman caused the tracts so described in
said schedule or list to he marked upon maps or plats of lands in the Cherokee Nation
on tile in the office of said Commission as set aside under said section 23. That there-
after and upon further investigation the said Commission discovered numerous errors
in said schedule or list and called the attention of said Logan thereto. That on Jan-
uary 23, 1903, the Commission received from Richard C. Adams, claiming to repre-
sent the Delaware Indians, an alleged corrected schedule or list of lands selected by
them, aggregating 157,600 acres in theCherokee Nation, and subsequently the schedule
or list tiled by Logan was corrected to correspond with the schedule or list tiled by
Adams; that thereafter the Commission made a report to this deponent, as such Sec-
retary of the Interior, of its actions and proceedings with respect to the segregation
of 157,600 acres of land in the Cherokee Nation, which report was received by him
April 30, 1903, and stated, among other things, in effect that the Commission
believed that the lands embraced in said lists or schedules had not been selected
with due regard for the interests of either the Delaware citizens generally or other
citizens of the Cherokee Nation, and that said lands had been selected without any
intention whatever of conforming to the laws relating to the establishment of town
sites.
And this deponent, as such Secretary of the Interior, further says that in order to
determine whether the acts and proceedings of said Commission with respect to set-
ting apart the 157,600 acres of land aforesaid should be approved and the said lists
or schedules of lands should be accepted as a proper designation and description of
the lands by section 23 required to be segregated and set apart, he was, in the due
and regular course of official business, immediately prior to and at-the time of the
institution of the suit herein, considering the report of said Commission with respect
to its said acts and proceedings, and investigating and examining said acts and pro-
ceedings with the view of ascertaining whether said acts and proceedings were in
conformity with the statutes in such case made and provided, and whether said lists
or schedules included all lands which had been theretofore selected and occupied by
the Delawares, and whether said lists or schedules included any lands which by law
should not be included therein. And this deponent, as such Secretary of the Interior,
further says that before completing the consideration of said report and before com-
pleting said investigation and examination, he was, as such Secretary, served with
the restraining order of this court issued in this suit, which restraining order in
effect commands him to desist from proceeding further with his examination and
investigation.
And this deponent, as such Secretary of the Interior, further says that from the
investigation heretofore made by him with respect to the actions and proceedings of
said Commission in regard to the segregation of the said L57,600 acres of land, it
appears that said acts and proceedings were not done and performed in conformity
with the statute, and that from his examination of the said lists or schedules he
believes that the same do not include all the lands theretofore occupied and selected
by Delawares, and do include lands which, under the law, are reserved for town-site
and other purposes, and lands which, prior to the riling of said lists or schedules,
were in tin 1 possession of and had been improved by other Cherokees, not Delawares;
further, that the rights of a large number of Delaware Indians have been ignored by
those who made and filed said lists or schedules. And this deponent, as such Secre-
tary of the Interior, further says that his approval or disapproval of the acts and
proceedings of said Commission, or his approval or disapproval of said lists or sched-
ules aforesaid, require on his part, as such Secretary of the Interior, an investigation
of facts and an examination of laws; further, that the duty of directing and super-
vising the acts and proceedings of said Commission, the duty of approving or disap-
proving said acts and proceedings, and the duty of accepting or rejecting the lists or
schedules of lands so filed with said Commission, as aforesaid, involves upon his part
the exercise of judgment and discretion, and is not, as he is advised, subject to
interference or control by the judicial branch of the Government in injunction
proceedings.
E. A. Hitchcock.
Subscribed and sworn to before me this 19th day of June, A. D. 1903.
[notarial seal.] W. Bertraxd Acker
Notary Public in and for District of Columbia.
72 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
(No. 83.)
In the supreme courl of the I fistrict of Columbia. Holding an equity court. < l-eorge
Bullette, el al., on their own behalf and on behalf of the Delaware tribe of Indians
residing in the Indian Territory, complainants, V. Ethen .Mien Hitchcock, as Sec-
retary of the Interior, et al., defendants. In equity, No. 23991.
Affidavit of Turn* Bixby hi support of motion to dissolve temporary restraining order.
Tains Bixby, being first duly sworn, upon Ins oath doth depose and say: That for
six years last past he has been a member of what is known as the Commission to the
Five Civilized Tribes of Indians provided for by section lb' of the act of March '■'>.
1893 (27 Stat. L., 612, 646), and the amendments thereto, and that he is now and for
three months last past has been the chairman of said Commission; that as such
member of said Commission he is one of the defendants in the above-entitled action;
that by section 22 of the act of July 1, 1902 (32 Stat, L., 710, 718), exclusive jurisdic-
tion is conferred upon said Commission, under the direction of the Secretary of the
Interior, to determine all matters relative to the appraisement and the allotment of
lands in the Cherokee Nation; that section 23 of said act imposes upon said Commis-
sion the duty to cause to be segregated 157,600 acres of land, including lands which
have been selected and occupied by the Delawares in conformity to the provision- of
their agreement with the Cherokees, dated April S, 18(57, and in making such selection
to protect the rights of all the Delaware Indians claiming to be entitled to lands under
and in pursuance of the aforesaid agreement, and to exclude from such segregation
lands which had theretofore been occupied and improved by other Cherokee citi-
zens, and also to exclude all lands reserved and set apart for town sites by the pro-
visions of the acts of June 28, 1898 (30 Stat. L., 495), May 31, 1900 (31 Stat. L., 221 I,
and section 24 of the act of July 1, 1902, supra.
That on December IB, 1902, there was filed with said Commission by Walter S.
Logan, claiming to be the attorney for the Deleware Indians, a schedule of lands,
aggregating 157,600 acres, alleged to have been theretofore selected by the Delawares
and claimed by them under the aforesaid agreement of April 8, 1867; that on Decem-
ber 17, 1902, by resolution of said Commission, this deponent, as acting chairman
thereof, was instructed to cause to be set aside and segregated the lands designated
and describedin the aforesaid schedule; that in compliance with said resolution this
deponent, as acting chairman, caused the tracts described in said schedule to be
marked upon maps or plats of land in the Cherokee Nation on tile in the office of
said Commission as set aside under said section 23; that upon further examination
said Commission discovered numerous errors in said schedule or list and called the
attention of said Logan thereto; that on January 23, 1903, said Commission received
from Richard C. Adams, claiming to represent the Delaware Indians, an alleged cor-
rected schedule of lands selected by them, aggregating 157,600acres, in the Cherokee
Nation; that thereafter the schedule so tiled by Walter S. Logan was corrected to
correspond with the schedule as tiled by said Adams and said corrected schedule
accepted by said Commission as a proper designation of the lands to be selected
and segregated under the provisions of said section 2'!; that thereafter a number of
Cherokee citizens, not Delawares, complained to said Commission that said corrected
schedule embraced a large quantity of lands which had theretofore been in their
possession, and upon which they had made improvements, and which had not been
occupied or improved by any Delaware; that since the filing of said corrected
schedule a number of Delaware Indians have made complaints to said Commission
that said corrected schedule did not include lands winch had theretofore been
selected and occupied by them, and have made requests to be allowed to make final
selections of lands containing improvements and upon which they reside, and claim-
ing that no portion of the lands so requested to be allotted to them were included
within said corrected schedule. Further, that since the tiling of said corrected
schedule the Commission has discovered that it includes lands which were by law
reserved for town-site purposes.
And deponent further says that he and the other members of said Commission,
from their investigation made since the tiling of said corrected schedule, are impressed
with the belief that the lands designated thereby were not selected with due regard
for the interests of either the Delaware citizens generally or other citizens of the
Cherokee Nation, and that said corrected schedule embraces lands which by law are
reserved for town-site purposes. And deponent further says that on April 20, 1903,
said Commission made a report of its actions and proceedings with respect to the
segregation of said 157,600 acres of land to the Secretary of the Interior for his
approval or disapproval, and in said report stated, among other things, that said cor
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 78
rected schedule was made without any intention of conforming to the laws relating
to the establishment of town sites and without due regard for the interests of the
Delaware Indians or other citizens of the Cherokee Nation. And further deponent
said not.
Tams Bixby.
District of Columbia, ss:
Sworn and subscribed before me this 13th day of June, A. D. 1903.
[seal.] W. Bertrand Acker,
Notary Public in and for the District of Columbia.
No. 84.
In the supreme court of the District of Columbia, George Bullette et al. v. Ethan
Allen Hitchcock, Secretary of the Interior, et al., No. 23991.
Opinion of Mr. .lustier Anderson mi motion for temporary injunction.
STATEMENT OF THE CASE.
On the 2d day of June. 1903, the complainants, George Bullette ami others, on
t heir own behalf and on behalf of the Delaware Indians residing in the Indian Ter-
ritory, riled their bill of complaint against the defendants, Ethan Allen Hitchcock,
Secretary of the Interior, and Tarns Bixby, Thomas B. Needles, Clifton R. Brecken-
ridge, and William E. Stanley, members of and constituting the Commission to the
Five Civilized Tribes of Indians, generally known and called the "Dawes Commis-
sion," praying among other things for an injunction to restrain the defendants from
receiving or entertaining applications for allotment of any portion of the 157,600
acres of land purchased by the Delawares from the Cherokee Nation under a certain
agreement or treaty made between them on or about April 8, 1867, and which lands
the bill alleges were thereafter, to wit, in January, 1903, duly segregated and set
apart for them by said Commission, pursuant to an act of Congress approved July 1,
1902, and also from entertaining or considering any contests based upon such appli-
cations, and that a mandatory writ of injunction issue out of this court, commanding
the defendants to strike from the riles of their office all such applications which have
been or which may be filed touching scch segregated lands, until the rights of said
Delaware Indians in and to the lands and funds of said Cherokee Nation under said
agreement of April 8, 1867, have been finally passed upon and determined by the
Supreme Court of the United States in a suit brought in the Court of Claims of the
United States by the Delaware Indians against the Cherokee Nation under the
authority of section 25 of an act of Congress approved June 28, 1898, and now pend-
ing in the Supreme Court of the United States on appeal from a decree rendered by
the Court of Claims February 2, 1903, dismissing said suit.
It isalleged in the bill of complainl that under said agreement of April 8, 1867, the
Cherokee Nation sold to the Delawares (then residing in the State of Kansas) an
amount of land east of the ninety-sixth degree, in the aggregate equal to 160 acres
for each individual Delaware who had been enrolled on a certain register made Feb-
ruary is, 1867, and such as might be added thereto within a specified time, and for
which lands the Delawares agreed to pay the Cherokees SI per acre; that pursuant
to that agreement it was ascertained that the number of Indians so enrolled and
entitled to be enrolled was 985, and the number of acres to which they were thus
entitled was 157,600; that thereafter and during the year 1867 the Delawares, in pur-
suance of the terms of said agreement, paid into the treasury of the Cherokee Nation
the sum of S157,600, the agreed purchase price for said land; that although the
157,600 acres were not then segregated or set apart, yet the individual Delaware
Indians enumerated in the said enrollment at once, after the payment of the S157,600,
removed to and occupied and improved about 157,600 acres of land in the Cherokee
Nation pursuant to the terms of said agreement, and also certain other lands under
claim of right.
Touching the segregation of the 157,600 acres from the other lands of the Cherokee
Nation, the complainants further allege that by section 25 of an act of Congress
approved June 28, 1898, entitled "An act for the protection of the people of the
Indian Territory, and for other purposes" (30 Stat. L., 495) it is provided:
"That before any allotment shall be made of lands in the Cherokee Nation there
shall be segregated therefrom by the Commission heretofore mentioned, in separate
7-i ALLOTMENT OF LANDS TO DELAWARE INDIANS.
allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres
purchased by the Delaware tribe of Indians from the Cherokee Nation under agree-
ment of April eighth, eighteen hundred and sixty-seven, subjecl to the judicial deter-
mination of the rights of said descendants and the Cherokee Nation under said
inent. That the Delaware Indians residing in the Cherokee Nation are hereby
authorized and empowered to bring suit in the Court of Claims of the United states,
within sixty days after the passage of this act, against the Cherokee Nation for the
purpose of determining the rights of said Dataware Indians in and to the lands and
funds of said nation under their contract and agreement with the Cherokee Nation,
dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may
bring a like suit against said Delaware Indians; and jurisdiction is conferred on said
court to adjudicate and fully determine the same, with right of appeal to either party
to the Supreme Court of the United states."
The complainants further allege that, pursuant to the authority contained in this
section (25), tin-Delaware Indians residing in the Cherokee Nation within the time
limited in this section (viz, within sixty days from its passage) brought suit in the
Court of Claims of the United States against the Cherokee Nation for the purpose
therein provided, and such proceedings were therein had that on about February 2,
1903, a decree was rendered by said court dismissing said suit, and thereupon, on or
about March 19, 1903, the Delawares by their counsel duly appealed from said decree
to the Supreme Court of the United States, and which appeal is now on the calendar
of that court, but has not yet been argued or determined.
It is further alleged that thereafter, to wit, July E 1902, Congress passed an act
entitled "An act to provide for the allotment of the lands of the Cherokee Nation for
the disposition of town sites therein, and for other purposes," approved July 1. 1902
(public. No. 241), which was duly ratified by the Cherokee Nation (as provided in
said section 75) at a general election held on or about August 7, 1902, and that by
reason of such ratification the Cherokee Nation and the individual members thereof
thereby ratified and consented to the provisions of said section 23 of said act, which
provides for the segregation and withdrawal from allotment of the 157,600 acres
claimed by the Delawares. Said section 23 reads as follows:
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe as their rights may be determined by the judg-
ment of the Court of Claims or by the Supreme Court, if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation and now pending: but
if said suit be not determined before said Commission is ready to begin the allotment
of lands of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including lands
which have been selected and occupied by Delawares, in conformity to the provisions
of their agreement with the Cherokees. dated April eighth, eighteen hundred and
sixty-seven, such lands so to remain subject to disposition according to such judg-
ment as may be rendered in said cause; and said Commission shall, when final judg-
ment is rendered, allot lands to such Delawares in conformity to the terms of the
judgment and their individual rights thereunder. Nothing in this act shall in any
manner impair the rights of either party to said contract, as the same may be finally
determined by the court, or shall interfere with the holdings of the Delawares under
their contract'with the Cherokees of April eighth, eighteen hundred and sixty-seven,
until their rights under said contract are determined by the courts in their suit now-
pending against the Cherokees. and said suit shall be advanced on the docket of said
courts and determined at the earliest time practicable."
It is then alleged in the bill that by said act of Congress last mentioned (viz, act
of July 1, 1902), it was provided with respect to the lands of the Cherokee Nation-
excluding said L57.600 acres of land — that Cherokee citizens might file with the
defendants applications for allotment thereof, and that the Dawes Commission should
have exclusive jurisdiction to determine all matters relative to such allotments and
of any contest in relation thereto, and that after the expiration of nine months from
the date of original allotment by or for any Cherokee citizen no contest should be
instituted against such selections', and that as early thereafter as practicable a patent
should i>sue therefor.
The complainants therefore allege ami so contend that according to the provisions
of section 23 of said act of Congress of July 1, 1902. and according to the true intent
and meaning thereof, said Commission was required, until the tinal_ determination of
said suit by the Supreme Court of the United States, tocausesaid 157,600 acres of land
to be segregatedand to lie kept segregated and apart from all other lands of theChero-
kee Nation, and to remain so segregated until final judgment shall be rendered by
the Supreme Court; and that if any allotment of land of the Cherokee Nation should
be made to such Cherokee citizens prior to said determination of the Supreme Court.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 75
it should be made from lands other than those to be so segregated, and that the
Commission was thereby ordered and directed not to allow any applications for allot-
ment for such segregated lands to be filed, and not to allow any contests to be insti-
tuted with respect to any such lands until at least after such final determination of
said suit should be made; and that only upon the rendering of such final judgment
should such segregated lands be allowed in severalty, either to said Delawares, in
case of their success in said suit, or to them or other members of the said Cherokee
Nation in case said suit should be unsuccessful.
The complainants further allege that in December, 1902, the Delaware tribe, pur-
suant to said section 23, filed with the Commission a list of selections of land made
by them, respectively, aggregating 157,600 acres, and in January, 1903, an amended
and corrected list, which was then received, accepted, and placed on file by said
Commission as and for a designation and description of the Delaware lands segre-
gated under the authority of said acts of 1898 and 1902; and that in January, 1903,
the Commission caused said 157,600 acres of land to lie segregated and set apart in
obedience to the mandates contained in said acts of Congress.
It is also alleged that after the segregation of these lands the Dawes Commission
opened a land office at Vinita, Ind. T., and since January 1, 1903, have allowed
numerous persons who are, or who claim to be, citizens of the Cherokee Nation, to
file with said Commission applications for various of the lands so segregated, and
have notified numerous Delawares who have improved and are occupying said segre-
gated lands that such applications have been filed, and that unless they appear before
the Commission and contest the same within nine months from thedate of the filing
of such applications they will be forever barred from any interest therein, as provided
in section 69 of the act of July 1, 1902, notwithstanding said applications for allot-
ment have reference to and cover lands within a part of said 157,6(10 acres segregated
and set apart for the Delawares.
And it is further alleged that said Commission threatens and intends in the future
to continue to receive and act upon such illegal applications, and claims the right so
to do, despite the provisions of said section 23, the pendency of said suit, and the
protests of complainants. And, furthermore, that defendants threaten to hold and
determine that the provisions of said act of Congress approved July 1, 1902, touching
applications for and contests over the allotment of lands in the Cherokee Nation
generally, and the statute of limitations set forth in section 69 of said act apply to
all lands in the Cherokee Nation, including said segregated lands, notwithstanding
the provisions of section 23 of said act and notwithstanding the pendency of said
suit in the Supreme Court of the United States, and that unless the defendants be
enjoined from receiving such applications and from holding that the limitation of
nine months applies thereto, irreparable injury will be done the complainants and
their associates and that a multiplicity of suits will be inevitable.
A mandatory injunction is therefore asked to direct the defendants to strike from
the riles all applications for lands within the segregation and to eject therefrom all
persons who have gone upon said lands in pursuance of such applications.
An injunction is also asked to prevent defendants from receiving further similar
applications and from holding the nine months' limitation (named in section 69)
applicable thereto. Process was issued upon this bill of complaint and service
thereof was had upon the Secretary of the Interior and upon Tarns Bixby, chairman
of the Dawes Commission, who at the time of riling the bill chanced to be in the
District of Columbia. The other defendants, members of the Dawes Commission,
have not been served.
ANSWER.
To this bill of complaint the Secretary of the Interior filed his answer under oath,
in which he denies that the segregation of said 157,600 acres of land, provided for by
section 2 i of the act of 1898 and section 23 of the act of 1902. has been made.
Answering the thirteenth paragraph of the bill, he alleges that on December 16,
1902, there was filed with said Commission a schedule of lands aggregating 157,600
acres, alleged to have been theretofore selected by the Delawares, and claimed by them
under their agreement with theCherokee Nation of April S, 1867; that on thenextday,
December 17, 1902, said Commission, by resolution, instructed Tarns bixby, its acting
chairman, to cause to be s. t aside and segregated the lands designated and described
in said schedule. That thereafter, and in compliance with that resolution, Bixby,
as such chairman, caused the tracts described in this schedule to be marked on maps
in the office of the Commission as segregated under said acts; that thereafter, and
upon further examination, the Commission discovered numerous errors in said
schedule and called the attention thereto of the person who had tiled it; that on
January 23, 1903, the Commission received a corrected list, and thereupon the sched-
76 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
ale filed December L6, L902, was corrected to correspond with the schedule filed
January 23, 1903, and that this corrected schedule was received and accepted by the
Commission as a proper designation of the lands to be selected and segregated under
said section 23; that thereafter a number of Cherokee citizens, not Delawares,
complained to the Commission that this schedule, as amended, embraced lands
belonging to them and then in their possession and upon which they had made
improvements; that complaint was also made by certain Delawares that their lands
theretofore selected and occupied by them had been omitted from this schedule, and
requesting the Commission to he allowed to make final selections of lands containing
improvements and upon which they resided and which were not included in said
corrected schedule; that it was also discovered by the Commission that said corrected
schedule embraced lands which were by law reserved for town sites, under section 24
of said act of 1902, and therefore not subject to segregation under the provisions of
said section 23; and further, that the lands designated and described in said corrected
lists were not selected with due regard either for the benefit of the Delaware citizens
generally or other citizens of the Cherokee Nation. That on April 20, 1903, the
Commission made a report of its acts and proceedings, with respect to the filingand
acceptance of said schedule, to the Secretary of the Interior for his approval, which
report was received by the Secretary of the Interior April 30, 1903, and has not been
fully considered by him; and that such acts and proceedings of the Commission, as
set forth, have not received his approval, and that he has not accepted or approved
said corrected schedule as a proper designation and description of the land to he
segregated under section 23.
He also denies that said Commission now claims to have the right to receive appli-
cations for the allotment of lands designated and described in said schedule, or now
claims to have the right, upon the riling of any such applications, to consider that
the individual Delawares are barred or foreclosed of any interest in the 157,600 acres
of land to be segregated under said section 23 of the act of July 1, 1902.
He also denies that said Commission threatens and intends in the future to con-
tinue to receive, accept, and rile further applications and to call upon individual
Delawares to defend against the same, or threatens and intends to hold and deter-
mine that unless said Delawares institute a contest within said nine months their
rights to said segregated lands shall lapse, or that the Commission threatens and
intends to hold and determine that the provisions of the act of Congress approved
July 1, 1902, touching applications for and contests over the allotment of lands in the
Cherokee Nation generally, or that the statute of limitations set forth in section 69
of said act apply to all lands of the Cherokee Nation, including said segiegated lands,
notwithstanding the provisions of section 23 of said act and notwithstanding the
pendency of said suit in the Supreme Court of the United States.
lie also denies that either he or said Commission have disregarded any protests by
said Delawares, but alleges that all such protests were being considered by him, as
such Secretary, in connection with the acts and proceedings of said Commission
under said section 23 of the act of July 1, 1902, at the time of the filing of the bill of
complaint herein, and that proper action thereon and on such acts and proceedings
of said Commission has not yet been taken because of the issuance of the temporary
restraining order herein. And he denies that either he or said Commission has done
any acts or threatened or intend to do any acts to the prejudice of the rights of the
complainants -or their associates to said segregated lands, hut, on the contrary, that
when said segregation is finally made and approved no allotments will he made of
any lands included therein until the suit between the Delawares and Cherokees is
finally determined by the Supreme Court.
He not only admits but specifically affirms the allegations of the bill of complaint
that, by the several acts of Congress creating and defining the powers of said Com-
mission, and all the acts and proceedings of such Commission under said laws, are
subject to the directions of the Secretary of the Interior. But he denies that the acts
and proceedings of said Commission, with respect to said schedules of laud received
and filed by said Commission, were done by and with his direction and approval, as
Secretary of the Interior or otherwise.
And finally he alleges that he, as such Secretary of the Interior, and said Commis-
sion to the Five Civilized Tribesof Indians, constitutea special tribunal charged with
the duty of segregating and allotting the lands in the Cherokee Nation; that said duty
requires upon the part of said tribunal the exercise of judgment and discretion: that
before the segregation of said 157,600 acres provided for in section 23 of the act of
1898 is complete or effective, it must be approved by him as such Secretary <>f the
Interior; that this duty involves on his part, as such Secretary, the exercise of judg-
ment and discretion, anil is not, therefore, as he is advised, subject to review, control,
or interference by the judicial branch of the Government in injunction proceedings,
and he prays the same benefit as if he had demurred on that ground.
ALLOTMENT OB' LANDS TO DELAWARE INDIANS. 77
The affidavits of the defendants, the Secretary of the Interior and Tams Bixby, are
tiled with the answer, and are substantially to the same effect.
AMENDMENT TO BILL.
Thereupon the complainants amended the thirteenth paragraph of their bill, and
alleged that the acts and proceedings of the Dawes ( lommission, the Commissioner of
Indian Affairs, and the Secretary of the Interior, in the administration and execution
of the provisions of said section 23, are fully set forth in certain of their reports and
letters, copies of which are tiled with said* bill and made part thereof; and that it
appears from said reports ami letters, and that the fact is, that the segregation of the
157,600 acres, as required by said section 23, was completed by said Commission in
December, 1902, and was held and c< insidered by the Commission and by the Secretary
of the Interior as having been made and completed by said Commission and by the
Secretary of the Interior, and was, in fact, then approved and considered to have been
approved by said Secretary. That thereupon, and because it was held by the Secre-
tary of the Interior to have been made in compliance with the law, the Commission
thereupon proceeded, under the direction and with the approval of the Secretary of
the Interior, to the allotment of the remaining lands in the Cherokee Nation under
the authority of said section 23 of the act of July 1, 1902; that on January 1, 1903,
the Commission opened a land office at Vinita, Ind. T., for the purpose of receiving
applications from Cherokees for lands, other than those so segregated, and making
allotments thereof; that thereupon and during the months of January and February,
1903, more than 1,000 applications were filed, and more than 1,300 allotments were
made and reported by said Commission and the report thereof approved by the Sec-
retary of the Interior; that said land office continued open until the tiling of this
suit in June, 1903, during which time it is alleged that more than 8,000 applications,
covering more than 800,000 acres of land, were made, and more than 5,000 allotments,
covering 500,000 acres of land, were reported to and approved by the Secretary of the
Interior, and that said allotments could not have been legally made and approved if
the segregation of the 157,600 acres had not already been made under said section 23
as preliminary and as a prerequisite to the making of said allotments.
ANSWER TO AMENDMENT OF PARAGRAPH 13 OF BILL.
The Secretary of the Interior tiled a sworn answer to this amendment and denied
that the acts and proceedings of the Secretary and of the Dawes Commission, or of
either of them, in the administration and execution of the provisions of section 23,
are fully set forth in said reports and letters filed with said amendment, and also
denies that it appears from said reports and letters that there has been any segrega-
tion of the 157,600 acres of land, as required by said section 23 of the act of July 1,
19H2; or that it was held and considered by the Commission or the Secretary, or
either of them, as having been so made or completed, or that it was in fact approved
by him as therein alleged.
Healsodenies that the Dawes Commission proceeded to the allotment of any lands
in the Cherokee Nation under bis direction and approval, as set forth in the amend-
ment to said bill. He further alleges that about January 1, 1903, the Dawes Com-
mission opened a land office at Vinita, Ind. T., for the purpose of receiving and
passing upon applications from Cherokee citizens, not Delawares, for lands in the
Cherokee Nation, and that until the filing of the bill of complaint, said Commission
received and passed upon such applications for allotments. But no such applications
for allotments have been approved by the defendant as Secretary of the Interior:
and that the time of the filing of the bill of complaint herein the defendant, as such
Secretary, was considering the acts and proceedings of said Commission in so receiv-
ing and passing upon allotments, in order to determine whether they were in con-
formity with the requirements of said act of July 1, 1902.
And finally the Secretary alleges that the title to all lands in the Cherokee Nation
is still held by said nation; and that until the title to lands embraced in any segre-
gation provided for in section 23 of the act of 1902 has passed from said nation, he,
as Secretary of the Interior, has the power and authority, under the law, to correct,
modify, amend, vacate, or set aside any segregation of lands in the Cherokee Nation
if any has been made, even though the same may have received his approval.
It will be observed that this bill of complaint and the relief prayed for is founded
upon the theory:
1. That, as a question of fact, the 157,600 acres of land to which the Delaware
Indians are entitled under their contract of purchase made with the Cherokees
78 ALLOTMENT OF LANDS TO DKLAVVARK INDIANS.
April s, 1867, have been finally segregated and set apart for their use and for final
allotment, at the appropriate time, as provided for in the acts of 1898 and 1902.
2. That, as a question of law, said lands having been so segregated, neither said
Commission nor the Secretary of the Interior lias or can exercise any further juris-
diction over the same other than to keep them free from incumbrances, or other
charges, and prevent the impairment of the rights of the Delawares therein and
thereto until the Supreme Court of the United States has rendered its final judgment
in the suit of the Delawares against the Cherokee Nation now pending in that court.
The right determination <>\ these questions involves the interpretation of the acts
of Congress mentioned, and an examination of the state of the case as to what has
actually been done thereunder.
Section 25 of the act of Congress approved June 28, L898 (30 Stat. L., 4V).">), known
as the Curtis Act, imposed upon the Commission to the Five Civilized Tribes, or on
what is generally known as the "Dawes Commission" (which was created by the
act of March 1, 1893, 27 Stat. L., 612,645), the duty of segregating from the other
lands of the Cherokee Nation the 157,600 acres purchased by the Delaware tribe of
Indians from the Cherokee Nation under their agreement of April 8, 1867. Such
segregation, as provided by said section, was to be made by the Commission "sub-
ject to the judicial determination of the rights of said descendants and the Cherokee
Nation under said agreement." .
By the same section jurisdiction is conferred upon the Court of Claims of the
United States, with the right of appeal to the Supreme Court of the United States, to
adjudicate and finally determine the rights of the Delaware Indians in and to the
lands and funds of the Cherokee Nation under their contract of April 8, 1867. There-
upon, and pursuant to that section, the Delawares, in August, 1898, instituted such
suit against the Cherokee Nation in the Court of Claims, which was thereafter, on
or about February 2, 1903, dismissed by a decree of that court. On or about March
19, 1903, the Delawares appealed from said decree to the Supreme Court of the
United States, where said appeal is now pending. During the pendency of said suit
in the Court of Claims, viz, July 1, 1902, Congress passed another act entitled "An
act to provide for the allotment of the lands of the Cherokee Nation, for the dispo-
sition of town sites therein, and for other purposes." (32 Stat. L., 716.)
This act was duly ratified by the Cherokee Nation at a general election held on* or
about August 7, 1902, as provided in section 75 thereof.
Section 23 of that act makes further provision for said segregation as follows:
1. "All Delaware Indians who are members of the Cherokee Nation shall take
lands and share in the funds of the tribe as their rights may be determined by the
judgment of the Court of Claims, or by the Supreme Court, if appealed, in the suit
instituted therein by the Delawares against the Cherokee Nation and now pending.
2. " But if said suit be not determined before said Commission is ready t< > 1 >egin the
allotment of lands of the tribe as herein provided, the Commission shall —
(a) "Cause to be segregated 157,600 acres of land, including lands which have
been selected and occupied by Delawares, in conformity to the provisions of their
agreement with the Cherokees dated April 8, 1867, such lands (the 157,600 acres) so
to remain subject to disposition according to such judgment as may be rendered in
said cause.
(b) "And said Commission shall thereupon (after segregating said 157,600 acres)
proceed to the allotment of the remaining lands of the tribe aforesaid, and lastly
(c) "Said Commission shall, when final judgment is rendered, allot lands to such
Delawares in conformity to the terms of the judgment and their individual rights
thereunder."
And then in order to safeguard the rights of both parties pending said suit the
same section provides that—
(d) "Nothing in this act shall in any manner impair the rights of either party to
said contract as the same may be finally determined by the court, or shall interfere
with the holdings of the Delawares under their contract with the Cherokees of April
8, 1867, until their rights under said contract are determined by the courts in their
suit now pending against the Cherokees."
It is apparent from the plain reading of these two sections (viz, section 25 of the
act of June 28, 1898, and section 23 of the act of July 1, 1902) that Congress intended
to and did confer on the Delaware Indians the right to have the 157, 000 acres of land
purchased by them from the Cherokees duly segregated and set apart from the other
lands of the Cherokees as soon as the same has been duly selected and designated,
and when so selected and segregated to have the same so kept and maintained until
final judgment is rendered in the suit now pending in the Supreme Court of the
United States, and that "when (such) final judgment is rendered, said Commission
shall thereupon allot lands to the Delawares in conformity to the terms of the judg-
ment and their individual rights thereunder" (section 23).
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 79
By section 22 of said act Congress also conferred upon said Commission, under the
direction of the Secretary of the Interior, exclusive jurisdiction to determine all
matters relative to the allotment of lands in the Cherokee Nation.
Section 24 provides that certain lands, including town lots, shall be reserved from
allotment.
It seems clear, in the light of these statutes, that the segregation of the 157,600
acres is to be made not by the Commission alone, but by the Commission, subject to
the direction of the Secretary of the Interior. Indeed, this is expressly admitted in
paragraph 26k of the bill, which alleges, and which is admitted by the answer,
"* * * that by the several acts of Congress creating and defining the powers of
said Commission to the Five Civilized Tribes all the acts and proceedings of said
Commission are subject to the direction of the Secretary of the Interior."
It would seem to follow, therefore, that while the segregation must lie made by
the Dawes Commission, it must be made under the direction of the Secretary of the
Interior and have his official approval before it is complete and effective.
The first question, then, as already suggested, is whether the segregation of the
157,600 acres has been made and is now final and effective.
The Secretary of the Interior, in his sworn answer and in his affidavit as well,
denies in the most direct and positive terms that this segregation has been made or
that he has approved it. The answer of the Secretary might well lie accepted as
conclusive on this point were it not for the amendment to paragraph 13 of the bill
of complaint, which sets up certain reports of the Commission and of the Commis-
sioner of Indian Affairs and certain correspondence of the defendants, which the
complainants claim shows such proceedings had and such acts done by the Dawes
Commission and the Secretary of the Interior as to leave no question that, as a mat-
ter of fact as well as matter of law, such segregation has been made by the Commis-
sion and duly approved by the Secretary, and is therefore complete and final.
Two theories are presented as to the segregation of these lands. The contention
of the complainants is that when the Delawares filed with the Commission in Decem-
ber, 1902, the schedule of lands selected by them, and -the same was thereafter
revised and corrected January 23, 1903, and so received and filed by said Commis-
sion, that such corrected schedule was thereby finally accepted by the Commission
as a proper designation of the lands actually selected and segregated under said act
of Congress, and that in the light of the reports and correspondence heretofore men-
tioned such acts and procedure constitute in fact and in law a full, complete, and
final segregation of the 157,600 acres as provided in the acts of 1898 and 1902. On
the other hand, the contention of the Secretary of the Interior is that " said corrected
schedule was received and accepted by said Commission not as a proper designation
of the lands actually selected and segregated, but of the lands to be selected and
segregated under his direction and approval, and therefore no actual segregation has
been made by said Commission or approved by the Secretary." If the latter view
is correct, that would seem to end the controversy, and the consequent denial of the
writ of injunction and the discharge of the temporary restraining order would nec-
essarily follow; otherwise the complainants are entitled to the relief prayed for.
because, if the segregation has been finally made and completed, neither the Com-
mission nor the Secretary has any further jurisdiction in the matter, other than to
maintain the status quo, until the Supreme Court of the United States has decided
the case now before it.
In support of the contention of the complainants that the 157,600 acres were segre-
gated in January, 1903, and the jurisdiction of the Commission and of the Secretary
in that behalf, thereby ousted, they argue that inasmuch as section 23 (act of July 1,
1902) plainly requires that before the Commission shall proceed to the allotment of
the Cherokee lands (that is lands other than the 157,600 acres to be set apart to the
Delawares) the Commission shall first seyreirate and set apart the lands selected and
occupied by the Delawares; and inasmuch as the Commission, after the filing of said
corrected schedule in January, 1903, did proceed to the allotment of the other lands
of the Cherokees, they could only have done so on the supposition and belief on the
part of the Commission and the Secretary (who they allege had knowledge of the
same) that the segregation had before that time been made and completed; other-
wise, they insist, their acts would have been in flagrant disobedience of the law. That
the Dawes Commission did so believe and did proceed in the matter of the allotment
of the Cherokee lands, other than the 157,600 acres, in the manner pointed out, admits
of no serious question. Indeed the reports and correspondence filed with the amend-
ment to the bill leaves room for no other interpretation; besides the answer of the
Secretary, in effect, admits it, although he expressly denies that "said Commission
proceeded to the allotment of said lands under his direction and approval."
It is equally clear, however, that no matter what view the members of the Dawes
Commission may have entertained as to their jurisdiction touching the segregation of
80 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
the 157,600 acres and the subsequent allotment of Cherokee lands, they could neither
enlarge their own, nor limit the jurisdiction of the Secretary of the Interior in rela-
tion thereto, through any mistaken interpretation of the law or assumption of authority
on their part; so that, it' they assumed that under the law they had the power to
make and conclude the segregation of these lands independent of the Secretary of the
Interior, and that in accepting and filing said schedule of selected lands in December,
1902, and in the revision and collection of same in January, L903, they thereby made
and completed said segregation and the same thereby became immediately effective,
and in that belief they then proceeded to the allotment of the other lands of the
Cherokees, such belief and course of procedure on their part would not constitute a
segregation within the meaning of the law, unless they either have exclusive jurisdic-
tion in the matter, or their acts in that behalf have had the sanction and approval of
the Secretary of the Interior.
As already pointed out, in my view of these statutes, and as admitted by para-
graph 26J of the bill of complaint, this segregation must be made by the Commission
subject to the direction of the Secretary of the Interior, and hence the Commission
does not have and can not exercise exclusive jurisdiction in the matter. Aloreover,
section 23 of the act of 1902 provides that such segregation must be first so made before
the Commission can properly proceed to the allotment of the remaining Cherokee
lands, i. e., lands other than the segregated lands, and therefore, unless such alleged
segregation was in fact made, subject to the direction of the Secretary, it necessarily
follows that it did not become complete and effective upon the mere receipt and filing
of said schedule of selected lands in December, 1902, or of the amended and corrected
schedule in January, 1903, or at any other time; and that all subsequent steps on the
parr of the Commission looking to the allotment of the other Cherokee lands referred
to were untimely and irregular, and can in no wise affect the rights of the Delawares
in the final segregation and allotment, unless, as stated, the same was in fact done
under the direction and with the approval of the Secretary and is now beyond his
recall.
The Secretary, both in his answer and in his affidavit, as already pointed out,
alleges directly and emphatically that this segregation has not been so made and
approved by him.
While it is true that it appears from the Secretary's answer that the Dawes Com-
mission opened a land office and received applications for allotments of land outside
of the land described in the schedule filed with the Dawes Commission, he alleges
that none of these acts were done under his direction nor have they received his
approval, but that at the very time of the tiling of this bill he was considering the
question of their legality. As to whether the attempted segregation has been approved
by the Secretary depends, therefore, upon the effect to be given the reports and doc-
uments referred to in the amendment to the bill, and upon which counsel for com-
plainants predicated their argument that, as a matter of law, the Secretary has
approved such segregation.
After a careful reading and rereading of these reports and documents, I am clearly
of opinion that they do not support this contention. If it has been so approved,
and the Commission, under the direction and with the approval of the Secretary of
the Interior, had proceeded to make, or was about to make, allotments that affected
any of the lands so segregated, as charged in the bill, then it would clearly be the
duty of the court, under the circumstances of this case, to restrain such action by
injunction; because, under section 23 of the act of July 1. 1902, it is made the plain
duty of the Commission, in the event that thesuit now pending in the Supreme Court
be not determined before the Commission is ready to begin the allotment of lands of
the tribe, to cause said 157,600 acres to be segregated, and to be kept segregated and
apart from all other lands of the Cherokee Nation, and there stop — so far as said seg-
regation is concerned — until final judgment has been rendered by the Supreme Court
of the United States.
The language of said section being:
" If said suit be not determined before said Commission is ready to begin the allot-
ment of lands of the tribe as herein provided, the Commission shall cause to be segre-
gated 157,600 acres of land, including lands which have been segregated and occupied
by Delawares in conformity with their agreement with the Cherokees dated April,
lsti7. such lands so to remain subject to disposition according to such judgment as
may be rendered in said cause; and said Commission shall thereupon (hut not before I
proceed to the allotment of the remaining lands of the tribe as aforesaid."
It is likewise the plain duty of the Commission, in proceeding to " allot the remain-
ing lands of the tribe,"' to make the same from lands other than the 157,600 acres
segregated (or to be segregated) for the use of the Delawares. And yet, despite these
plain provisions of the law and the apparent assumption on the part of the members
of the Commission that they have the exclusive right to make this segregation, and
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 81
had so made it, they unwittingly, or at least erroneously, proceeded to destroy their
own handiwork by including in "the allotment of the remaining lands of the "tribe"
certain of the lands included in their so-called segregation, and at the same time
omitted from the segregation itself certain other lands which had been selected and
occupied by the Delawares in conformity with their agreement of April, 1867, with
the Cherokees, which other lands section 23 expressly provides shall be included in
the segregation of the 157,600 acres.
As the hands of the Delawares are tied, so far as the allotment or disposition of
the 157,600 acres are concerned, the moment said segregation is once completed it
would be a grievous wrong t< > thus professedly set apart for them all they are entitled to
under their contract < if 1 867 and then proceed to take from them a p< irtion of the very
lands thus segregated, in making allotments to the Cherokees out of what is treated
as "the remaining lands of the tribe." While it was evidently not the intention of
Congress to delay the allotment work in the Cherokee Nation until the suit between
the Delawares and Cherokees shall have been finally determined, it was never the
intention that, in making such allotment, the rights of the Delawares should be
thereby defeated or in any wise prejudiced. This is made clear by section 23 of the
act of 1902, which declares that "Nothing in this act shall in any manner impair the
rights of either party to said contract as the same may be finally determined by the
court, or shall interfere with the holdings of the Delawares under their contract with
the Cherokees of April 8, 1867, until their rights under said contract are determined
by the courts in their suit now pending against the Cherokees."
It follows, therefore, that any attempted allotment of lands in violation of this
section that might be effective and thereby defeat or prejudice the rights of the
Delawares thereunder should be promptly restrained.
In his answer the Secretary of the Interior, however, denies, under oath, that
either the attempted segregation of said lands or the receiving of said applications
tor allotments in the Cherokee Nation, was under his direction or has ever received
his approval. He also denies that said Commission now claims to have the right to
receive applications for the allotment of lands designated and described in said
schedule, or the right, upon the filing of any such applications, to consider that the
individual Delawares are barred or foreclosed of any interest in the 157,600 acres of
land to be segregated under section 23 of the act of 1902; and he further denies that
the Commission threatens and intends in the future to continue to receive, accept,
and file further applications and to call upon individual Delawares to defend against
the same, or to do any of the many things with which they are charged in the bill
as intending to do. In view of this broad and emphatic disclaimer of either authority
under the law or of any purpose or intention on the part of the defendants to do
the acts or to exercise the authority complained of in the bill, it would seem to be
clear, under the plain provisions of these statutes, that no matter what view the
Commission originally entertained as to their authority in the premises that their
acts and proceedings touching said segregation and allotment have not become
effective, and can not become so until they have the final sanction and approval of
the Secretary of the Interior, and, therefore, in this view of the case, which to my
mind is the real and logical situation, no real injury to the rights of the Delawares
has been done or is threatened by the defendants, and no substantial ground exists
for the interposition of a court of equity. It is perhaps due the members of the
Dawes Commission to say, in passing, that while they seem to have proceeded upon
the theory that they have exclusive jurisdiction in this matter, they later on dis-
covered and recognized that they and the Secretary of the Interior constitute a
special tribunal charged with the "duty of segregating and allotting these lands, and
that all their acts and proceedings were subject to his direction and approval.
Therefore it was, that on April 20, 1903, after objection to said segregation by certain
Delawares, and by certain Cherokee citizens not Delawares, and after the Commis-
sion discovered that said corrected schedule embraced lands which were by law
reserved for town sites under section 24 of the act of 1902, and therefore not subjec
to segregation, and was otherwise objectionable, they made a report of their acts and
proceedings in respect to the filing and acceptance of said schedules to the Secretary
of the Interior, for his consideration and approval, which was received by him
April 30, 1903, and, which he alleges in his answer, he had under consideration at
the time of the issuance of the temporary restraining order herein, with a view of
determining whether said acts and proceedings were in conformity with section 23
of the act of July 1, 1902. (32 Stat. L., 717. )
_ Admitting, however, that the Secretary of the Interior has approved this segrega-
tion, as claimed by the complaints, his power and authority to correct, modify, or
vacate the same in whole or in part is, in the opinion of the court, clear and undis-
putable under the law applicable to this case.
S. Doc. 104 6
82 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 441 of the Revised Statutes provides that — "The Secretary of the Interior
is charged with the supervision of public business relating to * * * the Indians."
Sections 22, 58, and 59 of the act of July 1, 1902, provides as follows:
"Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the
Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter-
mine all matters relative to the appraisement and the allotment of lands.
"Sec. 58. The Secretary of the Interior shall furnish the principal chief with
blank patents necessary for all conveyances herein provided for, and when any citi-
zen receives his allotment of land, or when any allotment has been so ascertained
and fixed, that title should, under the provisions of this act, he conveyed. The prin-
cipal chief shall thereupon proceed to execute and deliver to him a patent conveying
all the right, title, and interest of the Cherokee Nation, and of all other citizens, in
and to the lands embraced in his allotment certificate.
" Sec. 59. All conveyances shall be approved by the Secretary of the Interior, which
shall serve as a relinquishment to the grantee of all the right, title, and interest of
the United States in and to the lands embraced in his patent."
Section 441 also provides that the Secretary of the Interior is charged with the
supervision of the public business relating to "the public lands, including mines."
The general powers and authority of the Secretary of the Interior, as expressed
in the statute (which are manifestly the same in principle with the provisions of the
statute in respect to the duty and powers of the Secretary of the Interior in the dis-
position of the lands of the Cherokee Nation), have received a broad and compre-
hensive interpretation by the Supreme Court of the United States. In the case of
Knight v. United States Land Association (142 U. S., 161, 178), it was held that —
"Respecting the public domain, the Secretary of the Interior is the supervising agent
of the Government to do justice to all claimants and preserve the rights of the people
of the United States."
See also: New Orleans v. Pain (147 U. S., 261, 266-267); Williams v. United States
(138 U. S., 514, 523-524); Hawley v. Diller (178 U. S.. 476, 488, 490); Michigan Land
and Lumber Co. v. Rust (168 U. S., 589, 592, 594-595); Belev v. Naphtaly (169 U. S.,
353, 364); Brown v. Hitchcock (173 U. S., 473, 476-478); United States ex rel. v.
Hitchcock (190 U. S.), decided May 18, 1903.
In Knight against the Land Association, just cited, the Commissioner of the Gen-
eral Land Office approved the survey of certain lands involved in that action;
although no appeal was taken from such approval to the Secretary of the Interior,
he subsequently set the survey aside. It was insisted that his action was illegal. In
passing upon this question the court, speaking through Mr. Justice Lamar, said:
"The statutes, in placing the whole business of the Department under the super-
vision of the Secretary, invest him with authority to review, reverse, amend, annul, or
affirm all proceedings in the Department, having for their ultimate object to secure
the alienation of any portion of the public lands, or the adjustment of private
claims to lands with a just regard to the rights of the public and of private parties."
In New Orleans v. Pain (147 U. S., 261, 266-267), was involved the power of the
Secretary of the Interior to set aside a survey of the public lands already approved,
and to approve a subsequent survey thereof. In passing upon the question, the
court, speaking through Mr. Justice Brown (p. 266), says:
"If the Department was not satisfied with this (the first) survey, there was no
rule of law standing in the way of its ordering another. Until the matter is closed
by final action, the proceedings of an officer of a department are as much open to
review or reversal, by himself or his successor, as are the interlocutory decrees of a
court open to review 7 upon the final hearing."
In Williams v. The United States (138 U. S., 514, 523-524), the Government under
the act of June 16, 1880, had certified to the State of Nevada certain lands which the
State subsequently sold to Williams. Thereafter it was discovered by the Land
Department that, in procuring the State of Nevada to have the lands certified to it,
Williams committed a fraud. Thereupon the Attorney-General, at the request of
the Secretary of the Interior, brought suit to set aside the certification to the State
of Nevada. " In disposing of the case, the court, speaking through Mr. Justice
Brewer, said:
"The certification after selection by the State is to be approved by the Secretary
of the Interior. This is no mere formal act. It gives to him no mere arbitrary dis-
cretion, but it does give power to prevent such a monstrous injustice as was sought
to be accomplished by these proceedings. * * * It is obvious, it is common
knowledge, that in the administration of such large and varied interests as are
intrusted to the Land Department, matters not foreseen, equities not anticipated,
which are therefore not provided for by express statute, may sometimes arise and,
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 83
thei'efore, that the Secretary of the Interior is given such superintending and super-
vising power which will enable him in the face of these unexpected contingencies to
do justice."
In Brown v. Hitchcock (173 U. S., 433, 476-478), the complainant filed a bill in
equity against the Secretary of the Interior in this court, praying that the Secretary
be restrained from holding certain lands in the State of Oregon subject to entry
under the general land laws of the United States, claiming that these lands had
become the property of the State of Oregon, under the act of September 28, 1850,
and the amendments thereto, known as the swamp-land act, and were included in a
certain selection list iiled by the State of Oregon, which list was approved by Secre-
tary of the Interior Teller on September 16, 1882. In 1880 the State had sold these
lands to one Owen, and by subsequent conveyance they had been transferred to the
complainant; therefore, in December, 1888, Secretary of the Interior Vilas made and
entered an order canceling and revoking said selection list. The main question
involved in the suit was the power of Secretary Vilas to revoke and annul the order
made by Secretary Teller, approving said selection list. In disposing of this ques-
tion, the court, among other things, said:
"Until the legal title to public lands passes from the Government, inquiry as to
all equitable rights comes within the cognizance of the Land Department."
In United States /'. Schurz (102 U. S., 378, 396), which was an application for a man-
damus to compel the delivery of a patent, it was said:
"Congress has also enacted a system of laws by which rights to these lands maybe
acquired, and the title of the Government, conveyed to the citizen. This court has,
with a strong hand, upheld the doctrine that so long as the legal title to these lands
remains in the United States, and the proceedings for acquiring it were as yet in fieri,
the courts would not interfere to control the exercise of the power thus vested in that
tribunal. To that doctrine we still adhere."
In the case of the United States ex rel. Riverside Oil Co. v. Hitchcock, Secretary
of the Interior, decided May 18, 1903, the court of appeals of the District of Colum-
bia, among other things, said:
"Congress has constituted the Land Department, under the supervision and con-
trol of the Secretary of the Interior, a special tribunal with judicial functions, to
which is confided the execution of the laws which regulate the purchase, selling,
care, and disposition of the public lands. The court has no general supervisory
power over the affairs of the Land Department by which to control their decision
upon questions within their jurisdiction."
It would seem from these cases that it is settled law that until title has passed from
the Government, the Secretary of the Interior, under the general powers conferred
upon him by the statutes heretofore cited, has power to review, correct, modify,
reverse, or vacate any act or decision heretofore made by him or his predecessor in
office, in respect to the disposition of public, lands. The power and duty of the Sec-
retary in respect of the administration of the act of July 1, 1902, are in all essential
respects of similar import as those conferred upon him by the public land laws; and,
therefore, upon the authority of the cases above cited, it would seem to be clear
that until the title to the lands here involved as well as the interest of the Gov-
ernment therein — and it has an interest, although remote and contingent — has been
finally divested by the issue of patents as provided in said sections 58 and 59 of the
act of 1902, the Secretary has the power to reconsider, correct, or annul his own
decisions made in the due administration of said act of July 1, 1902, and hence it
follows that in the opinion of the court the action of the Commission in segregating
said lr>7,(»00 acres of land, even if done under the direction and with the approval of
the Secretary of the Interior, does not oust the jurisdiction of the Secretary to recon-
sider and correct the same.
If, however, the right to reconsider, correct, and amend his own and the acts and
proceedings of the Commission, as a specially constituted tribunal to carry into effect
the acts of 1898 and 1902, does not come within the scope of the general powers
vested in the Secretary of the Interior, such power seems to be expressly conferred
upon him by section 22 of the latter act, viz, that of July 1, 1902, which reads as
follows:
"Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the
Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter-
mine all matters relative to the appraisement and the allotment of lands."
As I read the decided cases upon this point, it seems to be settled law that when
an act is required to be done "under the direction of the Secretary of the Interior,"
this, in effect, requires his approval before such act becomes complete and effective,
and therefore the phrase "under the direction of the Secretary of the Interior," as
S4 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
used in the act of July 1, L902, imposes upon the Secretary the power and duty of
directing and supervising all arts and proceedings of the Commission under that act,
and certainly the segregation of the 157,600 acres is not only one of the "matters
relating to the allotment of lands," but it is a condition precedent to their allotment
under section 23 of the act, 1902. (Bishop of Nisqually i>. Gibbon, 158 U. S., 155,
167; Knight v. Land Association, 142 U. S., L61, 177.)
In the oral argument counsel for the complainants, in opposing this view, cited the
case of Northern Pacific Railway Company v. Barnes (S. Dak., 366, 369); hut, as was
claimed by counsel for defendants at the time, and as it seems to the court, the South
Dakota case is opposed to the doctrine laid down by the Supreme Court of the
United States in Knight v. Land Association (142 U. S., 161), and other cases cited
in their brief.
In the Knight case Mr. Justice Lamar, in speaking for the court, said:
"The phrase, 'under the direction of the Secretary of the Interior,' as used in
these sections of the statutes (referring to certain sections of the Revised Statutes
relating to the duties of the Commissioner of the General Land Office in respect to
the surveying and sale of the public land to be performed ' under the direction of the
Secretary of the Interior' ), is not meaningless, but was intended as an expression in
general terms of the power of the Secretary to supervise and control the extensive
operations of the Land Department of which he is the head, and "such supervision,'
says the court, 'may be exercised by direct orders or by review on appeal.' "
The wisdom of Congress in thus giving to the Secretary of the Interior supervisory
power over the segregation of these lands is made manifest by the very confusion and
mischief that would result were this segregation, with its many errors, to stand as
the final and finished work of the Commission. The Secretary, however, possessing
and claiming, as he does, the power to revise, correct, and, if necessary, to amend in
whole or in part these acts and proceedings of the Commission, and thus prevent the
very evils that might otherwise follow, has now before him a full report of such acts
and proceedings with a view of determining whether they are in conformity with the
acts of Congress pertaining thereto, or not.
The question thus presented is, has this court the power to impose by injunction
to restrain him from doing this ?
If the court is correct in its conclusion that this is a matter within the jurisdiction
and control of the Secretary, then it must be admitted that its determination involves
the exercise of judgment and discretion, and therefore can not be enjoined or con-
trolled by the judicial power.
It has been the uniform holding of the Federal courts that an executive officer,
while engaged in the performance of a duty involving the exercise of judgment and
discretion, can not be interfered with in respect to such duty by the judicial power.
In the case of New Orleans v. Pain (147 U. S., 261), Mr. Justice Brown, in deliver-
ing the opinion of the court, said:
"The general rule is that the judicial power will not interpose, by mandamus or
injunction, to limit or direct the action of departmental officers in respect of matters
pending within their jurisdiction and control. * * * That if he (meaning the head
of a department) were engaged in the performance of a duty which involved the exer-
cise of discretion or judgment he was entitled to protection from any interference by
the judicial power."
In Brown v. Hitchcock (173 U. S., 433, 477) the court, among other things, said:
"As a general rule, no mere matter of administration in the various Executive
Departments of the Government can, pending such administration, be taken away
from such departments and carried into the courts; those departments must be per-
mitted to proceed to the final accomplishment of all matters pending before them,
and only after that disposition may the courts be invoked to inquire whether the
outcome is in accord with the laws of the United States."
It is said by the court in Dunlap v. Black (p. 48):
"The court will not interfere by mandamus with the executive officers of the
Government in the exercise of their ordinary official duties, even where those duties
require an interpretation of the law, the court having no appellate power for that
purpose. * * * Whether, if the law were properly before us for consideration,
we should be of the same opinion or of a different opinion is of no consequence in
the decision of the case.
"In Kirwin v. Murphy (189 U. S., 55) the court quotes with approval the follow-
ing passage, found in the case of Litchfield v. The Register and Receiver (9 Wall.,
o77, 579):
" 'The principle has been so repeatedly decided in this court that the judiciary can
not interfere, either by mandamus or injunction, with executive officers, such as the
respondents here, in the discharge of their official duties, unless those duties are of a
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 85
character purely ministerial and involving no exercise of judgment or discretion,
that it would l>e useless to repeat it here.' "
In United States ex rel. Riverside Oil Company v. Hitchcock (decided May is,
1903, by the court of appeals, District of Columbia) the court says that —
' ' Neither an injunction nor mandamus will lie against an officer of the Land Depart-
ment to control him in discharging an official duty which requires the exercise
of his judgment and discretion. * * * Mandamus has never been regarded as the
proper writ to control the judgment and discretion of an officer as to the decision of a
matter which the law gave him the power and imposed upon him the duty to decide
for himself."
Associate Justice Miller, in delivering the opinion of the court in Gaines v. Thomp-
son (7 Wall., .'!47, 352, 353), said that this doctrine —
a * * * Is as applicable to the writ of injunction as it is to the writ of
mandamus.
"In the one case the officer is required to abandon his right to exercise his personal
judgment, and to substitute that of the court, by performing the act as it commands.
In the other he is forbidden to do the act which his judgment and discretion tell him
should be done. There can be no difference in the principle which forbids interfer-
ence with the duties of these officers, whether it be by writ of mandamus or injunc-
tion."
In Mississippi v. Johnson, supra, 498, the court draws a distinction between a
ministerial and judicial duty in the following language:
"A ministerial duty, the performance of which could, in proper cases, be required
of the head of a department by judicial process, is one in respect to which nothing is
left to discretion. It is a simple, definite duty, arising under conditions admitted or
proved to exist, and imposed by law."
It is settled law that where the law prescribes that before an act shall be final it
must receive the approval of the head of a department, the duty of approval is a judi-
cial and not a ministerial duty. (See Wisconsin Central Railroad Company v. Price,
supra; United States /■. Williams (138 U. S., supra); Ops. Attorney-General, Vol.
XIV. pp. 50, 52, 645.)
If there is any plain ministerial duty to be performed by the Secretary in this whole
matter, it is found in section oil of the act of 1902, which requires him to approve the
patents issued to allottees for their respective allotments by the principal chief of
the Cherokee Nation; that is to say. if the Secretary were to refuse to approve such
patents, after the same have been regularly executed for delivery by the principal
chief, he could not excuse himself from so doing by insisting that such act was one
of administrative propriety involving judicial discretion rather than a merely minis-
terial duty.
Mr. Justice Miller in Johnson v. Towsley (13 Wall.. 7283):
••When the law is confided to a special tribunal, the authority to hear and deter-
mine such matters arising in the course of its duties, the decision of that tribunal,
within the scope of its authority, is conclusive upon all others."
1. Tlie solicitors for complainants have strongly insisted and ably argued, however,
"that Congress, in and by section 25 (act of 1898) and section 23 (act of 1902),
intended to provide, and did provide, for the judicial ascertainment and adjudication
of the ' rights' of the I »ela wares to the lands selected and occupied by them (includ-
ing their titles), and for the ' segregation ' of said lands in such manner as shall pre-
serve them in such condition that the judgment of the court, when rendered, may
be applied thereto."
2. "That in this plain purpose and scheme of legislation there is no room or occa-
sion for the exercise of any 'discretion' by the Secretary of the Interior," Congress
having thus committed to the judiciary the jurisdiction which, in respect to the public
lands, rests with the Secretary: that when the judgment of the Supreme Court shall
have been rendered and the Commission shall proceed to the work of allotment in
conformity to the terms of the judgment and the individual rights of the Delawares,
the question of the duty of the Secretary, in respect to that situation and the correc-
tion of errors, will be presented.
If you concede the first proposition, viz, that Congress has by these two sections
committed to the judiciary the jurisdiction which, in respect to the public lands, rests
with the Secretary, and has also committed to the judiciary the adjudication, not
only of the rights of the Delawares to the lands selected and occupied by them, but
the" very titles to them, as well as the segregation of said lands, in such manner as the
court may determine appropriate to its judgment, then you may well concede the
second, viz, that in this scheme of legislation there is neither room nor occasion for
the exercise of "discretion" by the Secretary of the Interior, and that the statute
laysno duty upon him until it'comes to the matter of allotment in conformity to the
court's judgment, when the question of correcting errors may be presented.
86 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
But why should Congress have made this case so exceptional? And especially when it
has heen the settled and uniform policy of the Government, eversincetheestablishment
of the Department of the- Interior more than half a century ago, to place the super-
vision and control of thC Indians and of Indian affairs in the hands of the Secretary
of the Interior; a policy thai certainly is not t<> be abrogated unless the intention so
to do is plainly manifest in the statute. The court has* already called attention to
these two sections in connection with section 22 of the act of L898, as clearly impos-
ing upon the Secretary the duty of directing said segregation and officially approving
it before it can become effective, and that this duty is not ministerial, but judicial in
its character, and therefore calls for the exercise of a sound discretion.
The jurisdiction thus conferred upon the Commission and Secretary is, in the
opinion of the court, quite apart from that conferred upon the Court of Claims and the
Supreme Court of the United States on appeal. A controversy having arisen between
the Cherokee Nation and the Delawares in respect to these lands — that is, as to what
the Delawares obtained by their purchase of 1867 and their "rights" under that con-
tract — Congress determined that this controversy should he made the subject of judi-
cial inquiry and adjudication. It therefore conferred jurisdiction upon the Court of
Claims with the right of appeal to the Supreme Court of the United States, for that
purpose and for no other. The jurisdiction thus conferred upon the judiciary was
exclusive, leaving nothing for the determination of the Secretary of the Interior, so
far as the subject-matter of the suit, or the "rights" of the Delawares therein, are
concerned. The jurisdiction of the Commission and the Secretary of the Interior,
touching the segregation and allotment of said lands, is equally exclusive, leaving
nothing, so far as the segregation and allotment of said lands are concerned, for the
determination of the courts.
The jurisdiction of the court and of this special tribunal being thus independent
of each other as to their respective duties, ami Congress having framed the act of
1902 so as to meet the situation, whether the segregation preceded or succeeded the
final judgment of the court, it must be assumed from that fact and from the very
issue involved in the suit that in the meantime the rights of both parties, "as the
same may be finally determined by the court," are fully and absolutely protected,
as is expressly provided for in section 23, and moreover, that when the court renders
its judgment there can be no possible difficulty in allotting and disposing of said
lands to the Delawares " in conformity to the terms of the judgment and their indi-
vidual rights thereunder."
In the course of the argument in this case, which was aide and exhaustive on both
sides, considerable stress was laid upon the fact that, by stipulation of counsel, the
amended schedule of segregated lands, so called, has been embodied in the record of
the suit now pending in the Supreme Court of the United States, and therefore the
judgment of that court must necessarily be based upon such schedule. Even the
Commission, in its report of April 20, 1903, expressed some apprehension that the
Supreme Court, in deciding the Delaware suit, may approve this schedule, thus
made a part of the record in that case. In my view of the case this apprehension is
entirely groundless. No stipulation of counsel can oust either the court, orthe Com-
mission, or the Secretary of the Interior, of their respective' jurisdiction and duty
under the law.
This attempted segregation did not thereby become complete ami final, and it can
not become so until the specific lands to be set apart for the Delawares have been
duly selected and properly and correctly scheduled; exclusive jurisdiction to do this
is conferred upon the Dawes Commission, subject to the direction of the Secretary of
the Interior, as provided in section 23 of the act ot 1902. While an imperfect.
unapproved, and impossible schedule has thus found its way into the record in the
pending suit of the Delawares against the Cherokees, it can be of no binding force
until it has been revised and amended so as to meet the requirements of the statutes,
and is then finally ratified and affirmed by the Commission and the Secretary of the
Interior, to whom are given exclusive jurisdiction in this behalf.
The province of the court is not to approve such schedule, but it is simply to
decide the questions involved in that suit and to determine what interest the Dela-
ware citizens have in the lands and funds of the Cherokee Nation.
The segregation of the 157,600 acres was not, and is not, a condition precedent to
the institution and final determination of said suit; the final judgment of the court is
not to apply to a given schedule of segregated lands embodied or to be embodied in
the record of the case, but on the contrary it was and is To apply to the specific lands
embraced in the final and completed segregation, when made by the Commission,
under the direction of the Secretary, whether that segregation be made before the
bringing of the suit, or during its pendency, or after final judgment therein.
1. Section 25 of the act of 1898 provides that before any allotment shall he made
in the Cherokee Nation the Commission shall segregate therefrom 157,600 acres, but
ALLOTMENT OF LANDS TO DELAWARE INDIAN^. 5<
that such segregation shall be subject to the judicial determination of the rights of
said descendants and the Cherokee Nation, under their agreement of April 8, 1867.
2. The same section authorizes the bringing of the suit now pending in the
Supreme Court for that purpose.
3. Section 23 of the act of 1902 declares that "all Delaware Indians who are mem-
bers of the Cherokee Nation shall take lands and share in the funds of the tribe as
their rights" (thereto) "may lie determined by the judgment of the Court of Claims,
or bv the Supreme Court if appealed * * * in the suit now pending."
Therefore it was that, inasmuch as the Commission had not, up to that time (July
1, L902), segregated the 157,600 acres or made any allotments to the ( 'herokee Nation,
as they were empowered to do under section 25 of the act of 1898; and might not do
so until after the Supreme Court had decided said suit, and thereby determined the
rights of the parties under the agreement of 1867, that it was expressly provided by
section 23 what should be done by the Commission in the meantime, viz:
(a) "If said suit be not determined before said Commission is ready to begin the
allotment * * * the Commission shall cause to be segregated 157,600 acres of
land, etc. * * * such lands so to remain, subject to disposition according to such
judgment as may be rendered in said cause.
(6) "And said Commission shall thereupon proceed to the allotment i >f the remain-
ing lands."'
The necessary inference being that if the suit was decided before the Commission
is ready to begin the allotment they must proceed in the same way, viz:
1. Segregate the 157,600 acres for the Delewares.
2. Allot the remaining lands of the Cherokee Nation.
But in any event, whether this segregation and allotment took place before or after
the determination of said suit, the 157,600 acres once segregated were to be kept
segregated —
"Subject to disposition according to such judgment as may lie (or may have been)
rendered in said cause, and when (such) final judgment is rendered (said Commis-
sion) shall allot lands to such Delawares in conformity to the terms of the judgment
and their individual rights thereunder."
In view of the fact that section 23 also provides that "nothing in this act (1902)
shall in any manner impair the rights of either party to said contract (1867) * * *
or interfere with the holdings of the Delawares under the same until their rights
* * * are determined bv the courts in their suit now pending."
There was nothing in the situation demanding that the 157,600 acres should first
he segregated and a schedule thereof made a part of the record in that case in order
that the judgment might he effective. In the very nature of the case the judgment
can operate with equal certainty and with equal justice on these segregated lands,
whether such segregation occurs before or after such judgment is rendered. The
only possible way to defeat this would be through an actual and conflicting allot-
ment of the remaining lands (such as was partially effected in this case) before the
segregation has been regularly and finally completed.
Congress has wiselv provided against such contingency —
"1. By providing in effect that the segregation to be made by the Commission
is to be made under the direction of the Secretary of the Interior, which in effect
means subject to his approval.
"2. That no allotment of the remaining lands can be legally made until there is
first segregated and set apart therefrom the 157,600 acres for the Delawares in
manner and form required bv the statutes."
It therefore follows that as no allotment can be made until the segregation is
finally and correctly completed, and as such segregation will not be so completed
until all necessarv amendments and corrections thereof have been made and finally
approved, that the rights of both parties to the contracts of L867 and the holdings of
the Delawares thereunder, as the same may be finally determined by the court, are
amplv safeguarded, and that the judgment of the court, which is to determine the
rights of the Delawares in and to the lands and funds of the Cherokee Nation o-ener-
allv, and not the title to specific lands and allotments, will operate with equal effect
upon the 157,600 acres, whether the same be segregated before or after the rendition
of such judgment bv the Supreme Court of the United States.
"It is not * * * the mere fact that a public officer is attempting to exercise a
void authority which induces a court of equity to restrain him, but that, notwith-
standing he is a public officer, he is about by such exercise to do an act which
brings the case within its peculiar jurisdiction." (Eaton on Equity, p. 604. )
So, in this case, there is nothing in the light of the sworn answer of the Secretary
of the Interior and accompanying affidavits and exhibits filed herein to warrant the
relief praved for, either on the ground of irreparable injury to the rights of the com-
plainants^ the avoidance of a multiplicity of actions or proceedings to correct alleged
88 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
w rongs, or upon any other ground set up in the bill or falling within any one of the
acknowledged heads of equity.
In view of the opinion thus announced by the court, the injunction prayed for in
this case is denied ami the temporary restraining order discharged.
No. N.Y
In the Supreme Court of the District of Columbia. George Bullette et al., v. Ethan
Allen Hitchcock, Secretary of the Interior, et al. No. 23991. 'Equity docket 53.
This cause coming on to he heard upon bill of complaint and exhibits, the answer of
the defendant, Ethan Allen Hitchcock, Secretary of the Interior, and affidavits, the
amended bill of complaint, and exhibits, and the answer of said defendant Hitch-
cock thereto and exhibits, and being argued by counsel, it is, by the court, this 6th
day of October, A. D. 1903, adjudged, ordered, and decreed that the prehminary in-
junction prayed for in said bill be, and it is hereby, denied, and that the temporary
injunction heretofore granted in this cause be, and it is hereby, discharged.
Thos. H. Anderson,
Justice.
True copy.
Test:
J. R. Young, Clerk,
By F. E. Cunningham,
Assistant < 'lerk.
No. 86.
[Telegram.]
Washington, September 28, 1903.
Bixbv, Chairman, Muscogee, Ind. T.:
Judge Anderson, supreme court District Columbia, in equity No. 23991, Bulette
et al. v. Hitchcock et al., refused injunction and discharged temporary restraining
order this morning.
Thos. Ryan, Acting Secretary.
No. 87.
Department op the Interior,
Washington, October 9, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: There is inclosed herewith for your information copy of opinion of
Mr. Justice Anderson, in the case of George Bullette et al. v. Ethan Allen Hitch-
cock, Secretary of the Interior et al., No. 23991.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 88.
June 6, 1903.
The President:
The Delaware Indians in the Cherokee Nation in the Indian Territory have been
for many years in peaceful possession of certain lands in said Territory, on which
they have established homes and have made improvements that have cost them in
the a<_ r <. r regate several hundred thousand dollars.
Their right to undisturbed occupancy, while judicial proceedings presently to be
explained are pending in respect of their titles, is guaranteed by treaty provisions
and by the laws of the United States, yet their right is now being questioned, their
occupancy attacked, their property trespassed upon and threatened with injury and
destruction in a manner so unwarranted, so extraordinary, and so disastrous, that
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 89
I feel it to be my duty to bring the matter to your attention, and to ask you to pro-
tect my people from the irreparable losses that are threatened.
I premise by saying that I ask for nothing more than that the lands to which I
refer shall be protected from trespassers and preserved in their lawful condition in
the way and for the time prescribed by the statutes to which I shall refer.
In 1867 the Delaware Indians bought of the Cherokees 157,600 acres of the lands
of the Cherokees in the Indian Territory, for which they paid in cash 8157,600. The
Delawares selected and entered upon the lands so purchased, and made homesteads
and improvements, and contended that under the terms of their purchase the lands,
to the extent of 157,600 acres, should be set apart to them and that they should be
given title thereto ; but the Cherokees soon afterwards contended that the Delawares
had purchased nothing more than the right to live on the lands.
In order to settle this dispute Congress, in the act approved June 28, 1898, entitled
• - An act for the protection of the people of the Indian Territory, and for other pur-
poses," by section 25 thereof provided that, before any allotment should be made
of lands in the Cherokee Nation, there should be segregated by the Commission to
the Five Civilized Tribes the 157,600 acres purchased of the Cherokees by the Dela-
wares, subject to judicial determination of the rights thereto of the Delawares and
Cherokees, and provided also for the institution of a suit in the Court of Claims to
determine the questions at issue in respect of the meaning of the contract between
the Delawares and Cherokees.
The suit so authorized was duly begun in the Court of Claims, and was on appeal
taken to the Supreme Court of the United States, where it is now pending on appeal.
The lands were not then segregated, as provided for by the act, but Congress made
further provision for their segregation, and by the twenty-third section of the act of
July 1, 1902, directed that all Delaware Indians who are members of the Cherokee
Nation should take lands as their rights should be determined by the judgment of
the Court of Claims or the Supreme Court, in the suit already instituted by the Dela-
wares against the Cherokees, and that the Commission to the Five Civilized Tribes
should segregate 157,600 acres of land, including the lands which had been selected
and occupied by the Delawares under their agreement with the Cherokees, subject
to disposition according to such judgment as may be rendered in said cause.
By the same section it is expressly provided that —
" Nothing in this act shall in any manner impair the rights of either party to said
contract as the same may be finally decided by the court, or shall interfere with the
holdings of the Delawares under their contract with the Cherokees of April 8, 1867,
until their rights under said contract are determined by the courts in their suit
now pending against the Cherokees."
Notwithstanding the plain provisions of the acts of Congress referred to, notwith-
standing the fact that the suit mentioned is still pending and undetermined, and
notwithstanding the injustice and injury that must certainly follow the disregard
and disobedience of said laws, the Commission to the Five Civilized Tribes, under
the direction or with the approval of the Secretary of the Interior, has received
and allowed to be tiled with the Commission applications by Cherokee Indians
for and entries of lands so segregated as above stated, and selected and occupied by
Delaware Indians, and has given notice to the Delawares occupying lands which
they have selected to appear and contest said entries, although it is plain that the
Delaware Indians can make no contest and can have no title in severalty to the
lands so occupied by them until after the determination of said suit.
The Commission has also permitted trespassers, under color of applications and
entries made by them and permitted to be filed, to go upon lands so occupied by
Delaware Indians and to commit waste, to injure and tear down fences, and cut trees.
The dangers resulting from the allowance of entries to be made now as stated, and
the requirement of the Delaware Indians to appearand make contest to protect their
titles and rights of occupancy, are made conspicuous by the fact that the Delawares
have now no titles, and that the act of Congress last referred to confines all right of
contest to the period of nine months from the date of filing or making application.
The title of the trespassers would or might be confirmed, and the Delawares have
no opportunity to make defense.
( m behalf of my people I have protested without avail to the Commission and to
the Secretary of the Interior against what seems to me to be a gross violation of law,
and I am daily in receipt of letters and telegrams from Delaware Indians asking that
something be done to put a stop to trespasses, the perplexities and serious embar-
rassments in which they are being involved.
After consultation with my counsel, Messrs. Walter S. Logan, Nathaniel Wilson,
and George S. Chase, a bill in equity was filed in the supreme court of the District
of Columbia against the Secretary of the Interior and the Commission to the Five
'.Ml ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Civilized Tribes, setting forth at Length the facts and considerations which arc here
stated in substance, and, on application, a preliminary restraining order was issued,
without hesitation, by the judge holding the said court, returnable on the L9th instant.
I aver on behalf of my people that they and I are greatly averse to being placed in
a position of antagonism toward the Secretary of the Interior and the Commission to
the Five Civilized Tribes, and that they can ill afford the expense and trouble of
further litigation.
In the hope and in the linn belief that you will see that the laws I have referred
to are faithfully observed and executed for the protection of the small and helpless
baud of Indians in whose behalf I write, I remain,
Very respectfully, yours, Richard C. Adams.
No. 89.
Washington, D. C, Jam 8, 190S.
The Secretary of the Interior.
Sir: In compliance with your verbal request made this day for certain memoranda
relative to the statements contained in the letter of R. C. Adams dated June 6, 1903,
addressed to the President and referring to the lands claimed by the Delaware Indians
in the Cherokee Nation, Ind. T., I have the honor to respectfully submit the following:
The Commission to the Five Civilized Tribes is directed to cause to be segregated
for the benefit of the Delawares 157,600 acres of land of the Cherokee Nation by
section 22 of the act of Congress of July 1, 1902 (32 Stat. L., 716), pending the deter-
mination of the suit of the Delawares /'. The Cherokee Nation.
Section 22 of said act is as follows:
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe, as their rights may be determined by the judg-
ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation, and now pending; but
if said suit be not determined before said Commission is ready to begin the allotment
of land of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including the lands
which have been selected and occupied by Delawares in conformity to the provisions
of their agreement with the Cherokees dated April eighth, eighteen hundred and
sixty-seven, such lands to remain, subject to disposition according to such judgment as
may be rendered in said cause; and said Commission shall thereupon proceed to the
allotment of the remaining lands of the tribe as aforesaid. Said Commission shall,
when final judgment is rendered, allot lands to such Delawares in conformity to the
terms of the judgment and their individual rights thereunder. Nothing in this Act
shall in any manner impair the rights of either party to said contract as the same may
be finally determined by the court, or shall interfere with the holdings of the Del-
awares under their contract with the Cherokees on April eighth, eighteen hundred
and sixty-seven, until their rights under said contract are determined by the courts
in their suit now pending against the Cherokees; and said suit shall be advanced on
the dockets of said courts and determined at the earliest time practicable."
On December 16, 1902, there was tiled with the Commission by R. C. Adams, rep-
resenting the Delawares, an amended schedule of lands selected by the Delaware
Indians in the Cherokee Nation, and said schedule contained the stipulation of coun-
sel as follows:
"In pursuance of leave reserved and granted by the court upon the final hearing
of this case, it is hereby stipulated and agreed that the record herein be amended by
substituting in place of the incorrect descriptions given in the record herein of the
157,600 acres selected and claimed by the Delawares the annexed descriptions which,
upon careful examination, have been found correct.
" And it is further stipulated and agreed that the court may, in its decision ami
final judgment herein, use the annexed correct description in the place of the incorrect
descriptions contained in said record, provided, however, such substituted descrip-
tions do nut interfere with the lawful rights or claims of other Cherokee citizens.
"Walter S. Logan, Attorney for Petitioners.
"William T. Htjtchins, Attorney for Respondent.
"Washington, D. ('., December 10, 1902"
Pursuant to the requirements of the law, the Commission on December 17, 1902,
adopted the following resolution:
"Be it resolved, by the Commission, That the acting chairman cause to be set aside and
segregated 157,600 acres of land in the Cherokee Nation, in accordance with the pro-
visions of section 23 of the act of Congress approved July 1, 1902 (Public — No. 241),
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 91
subject to disposition according to such judgment as may be rendered in the case of
The Delaware Indians v. The Cherokee Nation now pending in the United States
Court of Claims, and as shown by the description of said land in the stipulation of
counsel for parties in said case, dated at Washington, D. C, December 10, 1902."
The acting chairman in proceeding to carry said resolution into effect, discovered
numerous errors and discrepancies, and on January 5, 1903, the attention of counsel
representing petitioners and respondent was called to the existing state of affairs, and
on January 23, 1903, the Commission received from R. C. Adams, claiming to repre-
sent the Delaware Indians at Washington, a certified copy of a "second amended
schedule of lands selected by the Delawares as per stipulation of counsel."
A comparison of the errors and discrepancies reported by counsel to the Commis-
sion, with the corrections made in the second amended schedule, shows that the
discrepancies which counsel failed to correct have reference to lands reported by
the Indian inspector for Indian Territory to have been reserved by the Secretary of
the Interior for town sites.
The Commission had reported that said schedule of Delaware lands embraced
certain lands within the limits of the town sites of Bartlesville, Lenepah, and Salisaw.
Referring tosaid report, Mr. Adams takes exception to the action of the Department,
and in his letter states:
"On page 14 we take exception to the town of Bartlesville intruding on Delaware
lands. * * * ( )n page 54, which you claim that part of the selection belongs to
the town of Lenepah, we do not concede this for the same reason as above — that is,
we have made the selections before the town was surveyed. * * * And on pages
73 and 74 we contend that our rights to this land are older and better than the rights
of the town of Salisaw."
Immediately upon the opening of the Cherokee land office at Vinita, Ind. T.,
on January 4, 1903, certain Cherokee citizens made application for allotment of land
embraced wholly or in part within the lands segregated for the Delawares. From
time to time, as opportunity offered, numerous other Cherokee citizens have like-
wise applied for lands within the Delaware segregation. These Cherokee citizens
claim in almost every instance to have their homes upon these lands, to have been
in pi issession for many years, and to own valuable improvements on the same. They
furthermore state that no Delaware citizen has ever occupied these lands or owned
any improvements thereon.
With a view to protecting the rights of all the citizens of the Cherokee Nation, the
Commission has accepted applications from those Cherokees who claimed rights
to these lands by reason of possession and occupancy, reserving final action pending
determination of the suit referred to. In no sense can these applications be consid-
ered as allotments. They may be construed rather as in the nature of the notice to
the Department of adverse claims to the particular tract of land involved. Mr.
Adams has been repeatedly assured that the Commission did not consider these
applications as final allotments, and that no allotment certificates would be issued
in such cases prior to final determination of all matters in controversy.
But notwithstanding the stipulation of counsel that the substituted descriptions
are not to interfere with the lawful rights of other Cherokee citizens, and of the
equities in the premises, Mr. Adams takes the position that if the final decision of
the courts is favorable to the Delawares, the specific 157,600 acres will vest absolutely
in the Delawares. Can any position be more untenable? May it seriously be con-
templated that the Department or the courts will take lands from certain Cherokee
citizens to which they possess lawful right and hand them over to other citizens
without giving the former an opportunity to have their day in court or to even file
a notice of their claims?
Numerous Delaware citizens have presented themselves at the land office and
requested to be permitted to make a final selection of the lands containing their
improvements and upon which they reside, claiming that their lands are not included
within the Delaware segregation, and the statement has been repeatedly made that
the Delaware business committee refused to schedule for segregation the lands of
any Delaware who failed to pay his pro rata share of the fee which the committee
demanded. 1 am informed that the Delaware Indians, whose rights are thus unpro-
tected, are generally in moderate circumstances, and the improvements upon the
lands occupied by them, in most instances, represent the work of a lifetime.
It is evident, however, that while a considerable quantity of land claimed and
occupied by Delawares has not been included in the schedule and made a part of
the record, an amount of the public domain of the Cherokee Nation sufficient to
bring the total segregation up to 157,600 acres has been included therein. Is it not,
therefore, quite possible that in numerous instances the lands rightfully belonging
to other citizens of the Cherokee Nation have been embraced within the Delaware
segregation'.'
92 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Under all the circumstances it is believed by the Commission, as heretofore
stated in another communication, that the lands embraced in the several schedules
and made a part of the record have not been selected with due regard for the best
interests of the Delawares generally or the other citizens of the Cherokee Nation, and
that all reasonable precaution should betaken to prevent the possibility of action
by the Department or the courts that might be prejudicial to the right of any Chero-
kee citizen to select his home and cultivated fields in the final allotment of the lands
of the Cherokee Nation.
Respectfully, Ta.ms Bixby, Chairman.
No. 90.
Department of the Interior, Office of Indian Affairs,
Washington, June 18, 1903.
The Secretary of the Interior.
Sir: I have the honor to submit herewith report of the Commission to the Five
Civilized Tribes of the work done under its supervision for the month of May, 1903,
which report I recommend be approved.
Permit me also to report that there are the following citizenship cases now pending
in this Office:
Mississippi Choctaw 115 | Chickasaw 3
Choctaw by blood 31 Creek 4
Cherokee 66 j Creek Freedmen 1
Very respectfully,
YV. A. Jones, Commissioner.
No. 91.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muskogee, Ind. T., June 9, 190.3.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith a report of the operations of the Com-
mission during the month of May. The report is in duplicate, one copy for the Office
of the Commissioner of Indian Affairs, and one for your Office, as required by the
Department.
Attention is called to the fact that, owdng to the absence of Commissioner Needles
on leave of absence, and the absence of Chairman Bixby at Washington, this report
is at present signed only by Commissioner Stanley and myself. It is considered pos-
sible that Mr. Bixby can concur in the report at Washington, and he is currently
advised of its being forwarded. In any event, it is deemed more in consonance with
the Department's wishes to send the report, even in its partial form, than to delay
any account beyond the period of receipt known to be desired by the Department.
Also attention is called to the inability at this time of embracing in the report a
statement of the land contest work for the month of May. The records of this divi-
sion are of such a character that, on account of the enforced suspension of work on
the 3d instant, the clerk in charge of the docket is unable to make up a summary
until July 1, when the records at various offices will be accessible and the various
clerks will return to work.
Submitting the foregoing, I am,
Respectfully, C. R. Breckinridge,
( 'ommissioner in ( 'hargi .
No. 92.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, I ml. T., June 9, 1903.
The Secretary of the Interior.
Sir: We have the honor to submit herewith the following statement of the work
of the Commission to the Five Civilized Tribes for the month of May, 1903.
*******
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 93
CHEROKEE ALLOTMENT DIVISION.
Approximately 1,500 tickets of admission to the Cherokee land office were issued,
making a total of 8,500 tickets issued to date. Of this number, approximately 3,500
tickets have been presented at the land office.
Five hundred and forty citizenship certificates embracing 1,156 applicants and 220
reservation certificates, embracing 349 applicants, were issued during the month.
Applications for 1,822 allotments and homesteads were received during the month.
Of this number 1,269 were approved. The approval of 402 was withheld because
the enrollment of the applicants as citizens of the Cherokee Nation had not been
Finally approved by the Secretary of the Interior; 113 because the land applied for
had already been allotted, and 38 because the land applied for was embraced in the
157,600 acres of land which the Commission caused to be segregated to the Delaware
Indians.
During the month there were allotted to the citizens of the Cherokee Nation
130,264.52 acres of land, valued at $412,235.95.
Respectfully submitte*
(.'/mi rum ii .
( :;i)/lli:.:si:;iir:
C. R. Breckinridge, Commissioner.
W. E. Stanley, Commissioner.
(Through the Commissioner of Indian Affairs.)
No. 93.
Department of the Interior,
Washington, June 22, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen : The Department is in receipt of Commissioner Breckinridge's com-
munication of the 9th instant, transmitting therewith "report of the operations of
the ( Commission during the month of May," 1903. Said report is approved and there
is inclosed herewith copy of the letter of transmittal of the Commissioner of Indian
Affairs, recommending its approval and reporting the number of citizenship cases
now pending in his office.
Respectfully, E. A. Hitchcock, Secretary.
No. 94.
Department of the Interior,
Office of Indian Affairs,
Washington, July 20, 1903.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith a report from Inspector Wright dated
July 9, 1903, transmitting a report from Agent Shoenfelt dated May 25, 1903, for-
warding a communication from Richard C. Adams dated May 14, 1903, inclosing a
copy of a resolution passed by the Delaware council on May 12, 1903, asking that
the Delaware citizens be placed in the possession of lands set aside for them in the
Cherokee Nation.
The inspector invites attention to section 21 of the Cherokee agreement, and states
that he does not understand that the Delaware lands have been allotted, and that
action can not therefore be taken by the Indian agent under the provisions of section
21 of the agreement.
He further states that if the lands referred to have been finally segregated for the
Delaware Indians, and if the same will be allotted to them regardless of the outcome
of the pending suit, it would seem that the Delaware Indians should be placed in the
possession of their land, and he submits the matter for consideration with recom-
mendation that the Indian agent be instructed to remove objectionable persons from
the lands mentioned, if the Department shall consider it proper to issue such instruc-
tions. The matter relating to the segregation of Delaware lands is now pending
before the supreme court of the District of Columbia, and the Office is not advised
\)4 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
whether the Departmenl holds that the Delaware lands has or has not been segre-
gated, neither does the < Mfice understand that allotment certificates have been issued
by the Commission for any of the Delaware lands (Covering the alleged segregation,
ami the Indian agent it seems under the law is without authority to place a citizen
in possession of lands until such time as the allotment certificate shall have been
issued.
Very respectfully, W. A. Jones. Commissioner.
No. it.').
Department of the Interior,
Muskogee, Ind.T., July 9, mos.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith a communication from the United
States Indian agent at Union Agency, dated May 25, 1903, with which he submits a
communication from Mr. Richard C. Adams, inclosing a copy of a resolution passed
by the Delaware Indians in council assembled at Dewey, Ind. T., on May 12 last, in
which request is made for the removal of all persons other than Delaware Indians,
or descendants of such Indians, from the lands segregated for the use of Delawares
in the Cherokee Nation.
Section 21 of the act of July 1, 1902 (32 Stat. L., 716), provides:
"Allotment certificates issued by the Dawes Commission shall be conclusive evi-
dence of the right of an allottee to the tract of land described therein, and the United
States Indian agent for the Union Agency shall, under the direction of the Secretary
of the Interior, upon the application of the allottee, place him in possession of his
allotment, and shall remove therefrom all persons objectionable to him, and the acts
of the Indian agent hereunder shall not be controlled by the writ or process of any
court."
It is not understood, however, that the Delaware lands have in any sense been
allotted, and therefore action could not be taken by the Indian agent under the pro-
visions of the section above quoted, but if these lands have been finally segregated
for the Delaware Indians, and will eventually be allotted to them, notwithstanding
the outcome of the suit which is pending, it would appear that the Delawares should
he placed in possession of their land, and I therefore respectfully submit ttie matter
for the consideration of the Department, with the recommendation that if it is con-
sidered proper and there is authority for such action, the United States Indian agent
lie instructed to remove objectionable persons from these lands.
Verv respectfully, your obedient servant,
J. Geo. Wright,
United States Tndian Inspector for Indian Territory.
No. 96.
Department of the Interior,
United States Indian Service,
Union Agency, Muscogee, Ind. T., May 25, 1903.
Hon. J. W. Zevely,
Acting United States Indian Inspector.
Sir: There is respectfully inclosed herewith a letter, dated the 14th instant, from
.Mi. Richard C. Adams, inclosing a copy of a resolution passed by the Delaware
Indians on May 12, 1903, asking that they be placed in possession of land which has
been set aside to them in the C'horokee Nation.
In as much as this land has not been allotted and no certificates issued, I transmit
the papers with the request that the Department he asked for instructions in the
matter.
Verv respectfully,
J. Blair Shoenfei.t,
United States Indian Agent.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 95
No. 97.
Kansas City, Mo., May 14, VMS.
Hon. James Blair Schoenfelt,
United States Indian Agent, Muscogee, Tnd. T.
Dear Sir: Inclosed von will find resolutions passed by the Delaware Indians in
council assembled at Dewey, Ind. T., on the 12th day of May, 1903.
The Delaware Indians believe that they have a right to claim your protection against
other persons infringing or intruding on the lands segregated under authority of the
act of Congress approved July 1, 1902, and ratified by the Cherokees August 7, 1902,
that said lands were segregated for the special benefit of the Delaware Indians and
were ordered to so remain, and that the act of Congress above referred to did, by
section 23, guarantee to the Delaware Indians the right to occupy said lands unmo-
lested by any source whatsoever.
Trusting that you will take steps to protect the interests of the Delawares, I am,
Sincerely, yours,
Richard C. Adams.
Address reply to my office address, Bond Building, Washington, D. C.
Whereas under the treaty of July 1, 1866, between the United States and the Del-
aware Indians the United States agreed to acquire and to convey to the Delwares a
tract of land which should be equal to 160 acres "for each man, woman, and child
who shall remove to said country," which said lands were subsequently so purchased
and paid for by the Delawares at a price thereafter agreed on; and
Whereas by the fifth article of said treaty of 1866 it was provided that "the United
States guarantee to the said Delawares peaceable possession of their new homes herein
provided to be selected for them in the Indian country and protection from hostile
Indians and internal strife and civil war," etc.; and
Whereas under the provisions of section 23 of the act of Congress entitled "An act
to provide for the allotment of the lands of the Cherokee Nation," etc., approved July
1, 1902, it was provided that in case the suit of the Delaw r ares against the Cherokee
Nation should not be determined by the time the Commission to the Five Civilized
Tribes should be ready to begin the allotment of lands in the Cherokee Nation, that
in that case said Commission should "cause to be segregated 157,600 acres of land,
including lands which have been selected and occupied by Delawares," etc.; and
Whereas said suit of the Delaware Indians against the Cherokee Nation is still
pending and undetermined in the Supreme Court of the United States; and
Whereas the Commission to the Five Civilized Tribes has heretofore segregated the
157,600 acres of land above referred to, which has been designated upon maps duly
tiled with said Commission, in conformity with the direction and wishes of the Dela-
wares; and
Whereas under section 21 of the act of July 1, 1902, above referred to, upon appli-
cation of the beneficiaries, under the direction of the Secretary of the Interior, the
United States Indian agent for the Union Agency is required to place the Indians in
possession of their lands and to remove therefrom all persons objectionable to them;
and
Whereas, notwithstanding the guarantees of the United States hereinbefore recited,
and notwithstanding the fact that the lands purchased by the Delawares have been
segregated and set aside as in the act of July 1, 1902, directed, numerous persons not
Delawares by blood or descendants of Delaware Indians, and not having authority
from said Indians, have taken possession of certain portions of the lands so segre-
gated and are attempting to hold the same against the wishes < if the 1 >elaware Indians:
Therefore be it
Resolved by the Delaware Indians in general council assembled, That the Secretary of
the Interior and the United States Indian agent for the Union Agency are hereby
requested to immediately remove from the lands segregated for the use of the Dela-
wares all persons who are not Delaware Indians or descendants of Delaware Indians,
or who are not occupying or holding said lands under the authority of Delaware
Indians or descendants of Delaware Indians, and place such lands in possession of
the Delaware Indians claiming the same, in compliance with the treaties and acts
of Congress hereinbefore mentioned, and in justice to the rights of the Delaware
Indians.
Adopted May 12, 1903.
Stephen A. Miller, Chairman.
Edward D. Young, Secretary.
96 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 98.
Washington, 1>. ('.. July 18, 1903.
Hon. Thomas Ryan,
First Assistant Secretary Interior, Washington, l>. C.
My Deab Sir: In the case of Bullette and others against the Dawes Commission
and tin- Secretary, the preliminary injunction restrains the Dawes Commission during
the pendency of the suit "from entering or receiving any applications for allotment
of saiii segregated lands, from entertaining or considering any contests in relation to
such application, from holding or determining that the statute of limitations referred
to in subdivision, ."> has any application to any Delaware Indian by virtue of any
application heretofore filed, or from taking any steps looking to or preliminary to
the allotment of said segregated lands, or from committing any of the illegal acts set
forth in the bill of complaint."
We were informed immediately after the reopening of the land office at Tahlequah
that the Dawes Commission had, in violation of the above restraining order, pro-
ceeded to receive filings from Cherokees upon lands within the segregated limits, and
that they were placing such applications on file just as they had previously done. We
immediately telegraphed to Mr. T. B. Woodw T ard, an attorney at Dewey, Ind. T.,
directing him to proceed to Tahlequah and ascertain the facts. We also wired Mr.
K. S. Murchison, an attorney at Tahlequah, to ascertain the facts and report to us by
wire, and also to make an affidavit as to the present situation. We also communi-
cated with a representative of the Indian Rights Association, whom we understood
to be in the Territory, for such information as he might possess concerning this
matter. We received from Mr. Murchison the following telegram:
"Tahlequah, Ind. T., July 14, 1903.
"Richard C. Adams,
t "Bond Building, Washington:
"Thirteen applications have been made during July.
"K. S. Murchison."
Also the following:
"Tahlequah, July 16, 1903.
"Richard C. Adams,
"Bond Building, Washington:
"When Cherokee applicants claim improvements on land, permitted to file subject
to suit.
"K. S. Murchison."
On the 18th we received a telegram from Mr. Woodward, as follows:
"Dewey, Ind. T., July 18, 1903.
"Richard C. Adams,
"Bond Building, Washington:
"Have been to Tahlequah. Cherokees filing on any Delaware lands. Registered
Delawares can't file.
"T. B. Woodward."
We also received, on yesterday evening (18th), a note from Mr. Brosius, in response
to our inquiry, dated at Vinita, July 15, in which he says:
"I notice the latest order of the D. Commission, as to filing on Delaware segre-
gated lands, if not occupied by Delawares.
"S. M. Brosius."
On the 17th of July, Mr. R. C. Adams received a notification from the Dawes Com-
mission, signed by C. R. Breckinridge, commissioner in charge of the Cherokee land
office, notifying Mr. Adams that certain lands therein described, near Fort Gibson,
and within the Cherokee segregation, were filed upon, on May 25, by one James S.
Fuller, and notifying Adams as follows:
"You are, therefore, hereby notified that you may appear at the Cherokee land
office at any time within nine months after May 26th, 1903, and make application for
the above-described tract of land, or any part thereof, claimed by you, and file con-
test therefor if you so desire.
"Respectfully, C. R. Breckinridge,
"Commissioner iri charge of Cherokee Land Office."
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 97
Note. — The land last-above described is not only a part of Delaware segregation,
but is claimed by Mr. Adams as his selection, the improvements thereon having
been purchased by him from this same James S. Fuller, to whom he paid $1,000 in
cash, the deed being on file in the register's office in the Cherokee Nation in accord-
ance with the Cherokee law, all of which facts are well known to the Dawes Com-
mission. While the filing was made before the restraining order was issued, this
notice was served afterwards, showing that the Commission is going right along as if
no order had been passed.
I will gladly hand you the originals of all the above for examination if you desire
them. I have not attached them, because I desire to call the attention of Judge
Anderson to them, and after doing so, will hand them to you if you wish.
You will note that every one of the acts above complained of are the very acts
which are specifically mentioned and described in the resh*aining order, and which
is now in full force.
We are expecting fuller and more detailed information every hour, and as soon as
it arrives I will take pleasure in putting you in possession of it.
Respectfully, Geo. S. Chase.
No. 99.
[Telegram.]
Depaktmext op the Interior,
Washington, July 21, 1903.
Ta.ms Bixby,
Chairman Dawes Commission, Muscogee, Intl. T.:
The Department is informed that the Commission is not obeying restraining order
in Bullette et al. against Secretary Hitchcock and Dawes Commission. The Com-
mission must suspend all action on applications for Cherokee allotments received
prior to the suit and must not receive or act upon later applications until so directed.
Report facts.
Thos. Ryan, Acting Secretary.
No. 100.
[Telegram.]
Muscogee, Ind. T., July 22, 1903.
The Secretary of the Interior,
Washington, 1>. C.
Telegram of Assistant Secretary Ryan, 21st, refers to restricting order against
Secretary Hitchcock and Dawes Commission. The Commission has no notice or
information whatever of this order, and would suggest that copy of same be furnished.
Commission understand that under said order it should not even receive applications
and suspend action thereon until further direction.
Needles,
Commissioner in Charge.
No. 101.
[Telegram.]
Muscogee, Ixn. T., July 22, 1903.
Hun. Tnos. Ryan,
Assistant Secretary of the Interior, Washington, D. C.
Replying to your telegram of 21st, at a meeting of the Commission held June 30,
the following resolution was adopted:
' ' W hereas many citizens of the Cherokee Nation not of Delaware blood claim that
there is included in the Delaware segregation lands not held by Delawares but held
I iy Cherokees not of Delaware blood, and whereas it is necessary to secure and present
all evidence of such facts, be it therefore
"Resolved, That Cherokee citizens not of Delaware blood occupying lands embraced
in the Delaware segregation shall be permitted to make application for such lands, and
S. Doc. 104 7
98 ALLOTMENT OF LANDS T< > DELAWARE INDIANS.
any claimants may institute contest proceedings for the same, provided that all such
applications and contest shall be held suspended pending the determination of the
ngnts of claimants to such Lands, as provided in the Cherokee agreement approved
July I. L902."
This resolution is being strictly complied with; claimants are allowed to make
application, but no action has been or will be taken upon the same until after decision
of the suit, objeel being to protect rights of the applicants under the stipulation
filed in the suit.
Needles,
Commissioner in Charge.
No. 102.
[Telegram.]
July 22, 1903.
Tams Bixby,
Chairman Dawes Commission, Muscogee, Ind. T.
Telegram of 22d at hand. Repeating instructions of yesterday, the Commission is
further instructed to receive no applications for Cherokee allotments under the reso-
lutions adopted by the Commission June 30.
Thos. Ryax, Acting Secretary.
No. 103.
Department of the Interior,
Washington, July 22, 1903.
The Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your telegram dated the 22d instant,
stating:
"Telegram of Assistant Secretary Ryan, 21st. refers to restraining order against
Secretary Hitchcock and Dawes Commission. The Commission has no notice or
information whatever of this order, and would suggest that copy of same be fur-
nished. Commission understand that under said order it should not even receive
applications, and suspend action thereon until further direction."
The restraining order referred to was issued by the supreme court of the District
of Columbia in the case of (ieorge Bullette et ah v. The Secretary of the .Interior and
the Commission to the Five Civilized Tribes, and at the time the suit was begun the
subpoena was served upon the Secretary and also upon Chairman Bixby, who was
then present in the city, and it was believed that he was in possession of the copy of
the subpoena, with the restraining order indorsed thereon, as well as a copy of the
bill of complaint.
Herewith is inclosed a copy of the bill of complaint, which terminates with certain
prayers for relief in the form of restraining orders that may be found on pages 17,
18, and lit of said bill. The restraining order as indorsed on the subpoena is in the
following words:
"The defendants are hereby restrained as prayed in the within-mentioned bill,
until further order, to be made, if at all, after a hearing, which is fixed for the 19th
day of June, 1903, of which take notice.
"By the court: "Thos. H. Anderson, Justia ."
Independently of any strict construction of the restraining order herein, the policy
of the Department in such cases is always to suspend all action which will in any
way affect the matters complained of, until such time as they may he passed upon
by the court wherein the suit is instituted.
It was for this reason that the Department in the telegrams of yesterday and to-day
instructed the Commission that it was not even to receive applications for Cherokee
allotments pending this litigation.
Very respectfully, Thos. Ryan.
Acting Secretary.
ANDREW B.GRAHAM, PMOTO-LITH O.WASHINGTON, DC.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 99
No. 104.
Washington, D. C, An gust 4, 1903.
The Secretary of the Interior,
Washington, D. C.
My Dear Sir: We have made numerous efforts to obtain a correct list of the lands
within the Delaware segregation which have been filed upon by Cherokee Indians.
It seems quite difficult for us to obtain any satisfactory information on this subject,
and we therefore have to ask you to furnish us with such a list, either directly from
your office or through the Commission to the Five Civilized Tribes. It seems quite
impossible for us to keep an intelligent account of this matter without such a list.
I am in receipt of a communication this morning from the Dawes Commission,
signed by Mr. Breckenridge, notifying me that on July 15 one William Davis, of
Fort Gibson, filed upon land heretofore selected by me, and within the Delaware
segregation, and requiring me to appear and contest said application. In order to
clear up any claim by this man Davis, I purchased this land some time ago, paying
cash therefor, and the deed of relinquishment was duly recorded in the Cherokee
land office, as provided in the Cherokee law. It would seem, therefore, that the
Dawes Commission has not suspended its operations with reference to the segregated
lands, but is continuing to receive applications and to notify Delawares to appearand
defend, all in direct violation of the restraining order, and as I was informed by you,
through our attorney, Mr. George S. Chase, had been recently prohibited by the
order of your Department.
Very respectfully, Richard C. Adams.
No. 105.
Department of the Interior,
Washington, August 8, 1903.
Mr. Richard C. Adams,
Bond Building, Washington, D. C.
Sir: The Department is in receipt of your letter of August 4, 1903, stating that you
are in receipt of a communication from the Commission to the Five Civilized Tribes,
notifying you that on July 15, 1903, William Davis filed upon land heretofore selected
by you in the Cherokee Nation and within the ''Delaware segregation," and notify-
ing you to appear and contest said application. You state that it appears, therefore,
that the Commission has not suspended its operation with reference to the segregated
lands, but is continuing to receive applications and notifying Delawares to appear and
defend, "all in direct violation of the restraining order."
You are advised that on July 21, 1902, the Department, by telegram, directed the
Commission to "suspend all action on applications for Cherokee allotments received
prior to the suit and must not receive ( >r act upon latter application until so directed :
that on July 22, 1903, it was advised by wire as follows:
"Repeating instructions of yesterday, the Commission is further instructed to
receive no applications for Cherokee allotments under the resolution adopted by the
Commission June 30."
The Commission has informed the Department that it understands the instructions.
It will, therefore, lie governed thereby in the matter of the riling by William Davis.
Respectfully.
Thos. Ryax. Acting Secretary.
No. 106.
Washington, D. C, August 6, 190.,.
The Secretary of the Interior,
Washington, D. C.
Dear Sir: I hand you herewith a map showing the lands selected and claimed by
the Delaware Indians, which lands have been marked upon the official maps of the
Dawes Commission as Delaware segregated lands.
I desire to enter a protest in your office against the approval of any leases in the
Cherokee Nation that will in any manner conflict with or infringe upon any of the
lands colored red, shown upon the inclosed map, which are the lands known as Del-
aware segregated lands. I desire that this letter and the map remain on file in your
100 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
office, as I have this day sent similar letters and maps to the Commissioner of Indian
Affairs and the United States Indian agent for the tiles of their respective offices, and
I desire now to enter this protest on behalf Of myself, as a Delaware Indian, and on
the behalf of all the Delaware Indians, as their representative.
Yours, trulv, _
Richard C. Adams.
No. 107.
Department of the Interior,
Washington, August IS, 1903.
Mr. Richard C. Adams,
Bond Building, Washington, D. C.
Sir: The Department is in receipt of your letter of August 6, 1903, transmitting a
map showing the lands selected and claimed by the Delaware Indians, and stating that
you desire to enter your protest against the approval of any lease in the Cherokee
Nation involving any of the land shown in red on said map.
Respectfully, M. W. Miller,
Assistant Secretary.
No. 108.
Department of the Interior, Office of Indian Affairs,
Washington, August 15, 1903.
The Secretary of the Interior.
Sir: I have the honor to submit herewith letter of Mary Narin, of Coodys Bluff,
Ind. T., of the 8th instant, saying she desires to know why all of the registered Dela-
ware lands were not segregated as required by the Cherokee agreement ratified
August 6, 1902; that there are probably 50 Delawares whose lands are not segregated;
that on the contrary half of the land segregated belongs to Cherokee, to the best of
her knowledge or "belief, or is only nominally held by Delawares, who have no
equitable or legal interest in it; that these Delawares, whose lands have not been
segregated are at a great disadvantage with other citizens, because they can not file
oiftheir land, and other Cherokee citizens are at liberty to file on lands held by these
Delawares, and the only redress they have is a contest, which is very expensive,
inconvenient, and beyond the means of some of them, but that this has been (lone
in some instances. She also says that the Commission to the Five Civilized Tribes
has been asked to right this wrong, but they have so far failed to give any relief.
In my judgment a report from the Commission on this matter is desirable, and I
therefore recommend that the letter be submitted to the Commission for report.
Very respectfully,
W. A. Jones, Commissioner.
No. 109.
Coodys Bluff, Ind. T., August 8, 190S.
The Commissioner of Indian Affairs.
Devr Sir: I write to know why all of the registered Delaware lands were not seg-
regated, as required by the United States Cherokee agreement ratified August 6;
1902. There are probably 50 Delawares whose lands are not segregated. On the
contrary, half the land that is segregated belongs to Cherokees, to the best of my
knowledge and belief, or is nominally held by Delawares who have no equitable or
legal interest in it.
Those Delawares whose lands have not been segregated are at a great disadvantage
with other citizens. Thev can not file on their land and other citizens are at liberty
to file on their lands, and' the only redress we have is a contest which is very expen-
sive, inconvenient, and beyond the means of some of us. This has been done in
some instances. We have asked the Dawes Commission to right the wrong, but they
have so far failed to give us any relief.
We would be pleased to have a reply to this letter.
Yours, very sincerely,
Mai;y Nairn.
Julia Hall.
(Address Mary Nairn, Coodys Bluff, Ind. T.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 101
No. 110.
Department of the Interior,
Washington, August .'4, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of a communication from the Commis-
sioner of Indian Affairs, dated August 15, 1903, inclosing a letter from Mary Nairn,
of Coodys Bluff, Ind. T., of the 8th instant, addressed to him, in which she states
she desires to know why all of the registered Delaware lands were not segregated as
required by the Cherokee agreement ratified August 6, 1902; that there are probably
50 Dela wares whose lands are not segregated; that on the contrary half of the land
segregated belongs to Cherokees, to the best of her knowledge or belief, or is only
nominally held by Delawares, who have no equitable or legal interest in it; that
these Delawares whose lands have not been segregated are at a great disadvantage
with other citizens because they can not file on their land, and other Cherokee citi-
zens are at liberty to file on lands held by these Delawares, and the only redress
they have is a contest.
She also states that your Commission has been asked to right the wrong, but so far
you have failed to give any relief.
Said letter of Mary Nairn is transmitted herewith, and, as recommended by the
Commissioner, you are requested to make report to the Department concerning this
matter. A copy of the Commissioner's letter is also transmitted.
Respectfully,
M. W. Miller, Acting Secretary.
No. 111.
Department of the Interior, Office of Indian Affairs,
Washington, October 1, 1903.
The Secretary of the Interior.
Sir: I have the honor to submit herewith letter of the Commission to the Five
Civilized Tribes of the 5th ultimo, acknowledging receipt of departmental letter of
August 24, inclosing a letter from Mary Nairn, of Coodys Bluff, Ind. T., in which
she states that she desires to know why all the registered Delaware lands were not
segregated as required by the Cherokee agreement ratified August 6, 1902; that there
are probably 50 Delawares whose lands are not segregated; that on the contrary half
the land segregated belongs to the Cherokee, to the best of her knowledge and belief,
or i> only nominally held by the Delawares, who have no equitable or legal interest
in it; that these Delawares whose lands have not been segregated are at a great dis-
advantage with other citizens because they can not file on their lands, but other
Cherokee citizens are at liberty to file on lands held by these Delawares, and the
only redress they have is a contest.
She also states that the Commission has been asked to right the wrong, but so far
it has not done so, and the Department requests a report concerning the matter com-
plained of in this letter.
In reply the Commission states that on April 19, 1903, it made a report to the
Department concerning this Delaware segregation, and also reported upon a letter
which had been received from William Nairn complaining of these same matters, in
which report the Commission used the following language:
"In addition to the contention of the Delawares for the lands embraced within the
limits of the town sites mentioned, and for land claimed and in the possession of other
Cherokee citizens, quite a serious situation with reference to the Delaware segrega-
tion lias developed in the work of allotment. Not a few Delaware citizens have pre-
sented themselves at the land office and asked to be allowed to make a final selection
of lands containing their improvements and upon which they reside, claiming that
no portion of the lands occupied by them is included within said Delaware segregation.
"The Commission has been informally advised of cases of numerous other Delaware
citizens, whose improved lands are not included within said segregation, and the
statement has been frequently made that the representatives of the Delaware Indians,
or their business committee, refused to schedule for segregation the lands of any Del-
aware citizen who failed to pay a pro rata share of the fee which said representatives
< >r (•( immittee demanded. The Delawares whose property rights are thus unprotected
ai*e for the most part in moderate circumstances, and the improvements on the lands
occupied by them represent, in most instances, the efforts of a lifetime.
102 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
"Theextenl of the condition of affairs last mentioned is indicated by the correspond-
ence had with William Nairn, of Coodys Bluff, End. T., copies of which are hereto
attached and marked Exhibit !•'..
"It is quite evidenl that while lands occupied by Delaware citizens have doI been
included in this schedule of lands made a part of the record in the suit of the Dela-
wares, an amount of the public domain of the Cherokee Nation sufficient to bring the
total segregation up to L57, 600 acres has been included.
"There are also attached hereto and marked Exhibits V and ( I, copies of reports of
the clerk in charge of the Cherokee land office at Vinita, dated February L2, 1902,
showing thai since the segregation of lands for Delawares by this Commission on
December 17, 1902, the Department has fixed the exterior limits of the town site- of
North Tulsa and Lawton, in the Cherokee Nation, which embrace, respectively, 20
and 25 acres of land theretofore included in said Delaware segregation.
"Under all circumstances the Commission believes that the lands embraced in the
original schedule and in the first and second amended schedules, made a part of the
record in the case of the Delaware's, have not been selected with a due regard for the
interests of either the Delaware citizens generally, or other citizens of the Cherokee
Nation, and in so far as town sites are affected, without any intention of conforming
to the laws relating to the establishment of such town sites.
"The Commission is in receipt of a communication from Mr. Adams to lion. M. S.
Quay, United states Senator from Pennsylvania, dated April 10, 1903, and referred
by Senator Quay to the Commission. A copy of said letter and of Senator Quay's
indorsement thereon is hereto attached, marked 'Exhibit H.' In this latest letter
Air. Adams takes the position that the Commission is without jurisdiction to receive
applications of Cherokee citizens for lands embraced in the Delaware segregation,
notwithstanding the proviso of counsel in the stipulation hereinbefore set forth, pro-
viding for the protection of the property rights of other Cherokee citizens.
"The Commission believes that some steps should lie taken to guard against the
possibility of the Supreme Court rendering a judgment adopting said schedule as the
definite and specific tracts of land to which the Delawares are entitled under their
claim, and respectfully request thai the Department may issue such instructions as it
may deem proper in the premises."
Further, the Commission says it is believed that the former report of the Commis-
sion fully covered the facts complained of in the letter of Mary Nairn, and that nc
addition of value can be made to such report at this time.
1 do not agree with the Commission in its statement that the former report, from
which quotation is made, fully covers the facts complained of in the letter of Mary
Nairn. If the lands she occupies, she being a Cherokee citizen of Delaware blood,
were not included in the lands segregated for the Delawares she is entitled to pro-
tection in her rights to as great an extent as any other citizen of the Cherokee Nation.
On October -0. 1902, in its report relative to certain requests of Walter S. Logan,
attorney for the Delawares, in their suit against the Cherokee Nation, the Commis-
sion reported as follows:
"The Commission holds that it has no authority under the law to make allot-
ments to Delawares of land not embraced in the segregation required by the agree-
ment; that the allotments to the Cherokees should beginat theearliest possible date;
that upon the application of any Delaware citizen there should be reserved from allot-
ment until the final determination of the suit mentioned, such lands not embraced
in such segregation, not exceeding an amount equal in value to 1 10 acres of average
allottable land of the Cherokee Nation "as contain permanent and valuable improve-
ments owned by such Delaware citizen.' The Commission is of the opinion that if
the course outlined by it is pursued the rights of the Delawares will he fully pro-
tected."
It appears from the complaint of Mary Nairn in this case that the Commission has
not pursued the policy winch it reported in October, 1902, would he its duty with
reference to the Delaware lands. This, of course, was before the so-called segrega-
tion of the Delaware lands, hut in my judgment in no way altered the duty of the
Commission. Mary Nairn, as a citizen of the Cherokee Nation, is entitled to have
reserved to her the lands she occupies and has improved, and it should not be possi-
ble for any other citizen of the Cherokee Nation to tile upon this land and compel
her, in order to protect her rights, to institute contest proceedings. It is therefore
my opinion that on application of Mary Nairn, or any other Delaware similarly sit-
uated, the land occupied by them should be withheld from allotment, with notation
on the books of the Commission that it is so held for their protection.
Very respectfully,
W. A. Jones, Commissioner.
ALLOTMENT OF LAND- TO DELAWABE INDIAN'S. ION
No. 112.
DEPAB1 MEN1 oi 1 in I i EEIOR,
( Iommission to i in. Five < In ilized Tei
i/".'"'/" Ind. T., September 6 (90S.
The 8e< i: ii IB . OB I ill. I vi BBIOB.
Sik: The Commission is in receipt of departmental Letter of August 24, inclosii
letter from Mary Nairn, of Coodys Bluff, End. T., in which she state* thai she de ire
to know why all the registered Delaware lam equired bj
the < herokei agreement, ratified August 6, L902; thai there are probably 50 Dela
wares whose lands are nol segregated; that on the conl rary, half the lands segregated
belongs to the Cherokees to the best of her knowledge and belief, or is only nomi-
nally held by Delawares who have no equitable or legal interesi in it; thai tl
Delaware- whose lands have nol been d are al agreal disad antage with
other citizen because they can nol file on their land, and other Cherokee citis
are al liberty to file on lands held by these Dela tid the only redre - they
Is a contest. Bhe also states thai the Commission has been asked to righl the
wrong, and so far ii has not done so; and the Departmenl requi a report concern
ing the matters complained of in said letter.
In reply the Departmenl is advised thai on April 19, 1903, the Commission mad<
a reporl to the Department concerning this Dela gation, and also reported
upon a letter which had been received from William Nairn complaining ol these same
matter-, in which reporl the Commission used the following Language:
"In a' I' I it ion to the contention of the D< lav are* for the Lands i mbraced within the
of the "own ites mentioned, and for land claimed and in th< on of
other Cherokee citizens, quit* ation with reference to the D<
vation has developed in the work of allotment. Nol a fey. Delaware cil
have presented themselves al the land office and asked to be allowed to make a final
selection of Lands containing their improvements and upon which they reside, claim-
ing thai no portion of the lands occupied by them Is included within said Deli
ition.
"The Commi been informally advised ofcase ol numerous othei I
rarecitizei improved lands are not included within said egregatii d the
-n -nt has been frequenl ly made thai the representatives ol the Dela van [n<
ir t heir business© i hedule foi I tela
citizen who tailed to pay a pro rata -hare of the fee whieh :-ai<l represental
>r committee demanded. The Delawares, whose property rights are thus unprotected,
ire for the mosl part in moderate circumstances, and the improvements on the h
•cCupied by them represent, in mosl instances, the efforts oi a Lifetime.
The ('..ten! oi t he con' I i i ion of at'ia i r- la -i mentioned i- indicated by the Ci
spondence bad with William Nairn, of Coodye Bluff, [nd. T., copies of which an
hereto attached and marked Exhibil E.
"It is quite evident thai while lands occupied by Delaware citizen* havenol been
included in the schedule of land- made a part of the record in the -nit of the Dela-
wares an amount of the public domain oi the Cherokee Nation sufficient to -
the total segregation up to 157,600 acres has been included.
"Tin-re are also attached hereto and marked Exhibits F and <• copies oi re]
of the clerk in charge of the Cherokee land office al Vinita, dated L2, 1903
Bhowing thai since the segregration oi lands for Delawares bj this Commission on
December 17, L902, the Departmenl has fi ed th<
North Tulsa and Lawtoninthi whichembrace 'and
25 acres of land theretofore included in said Delaware segregation.
"Under all circumstances, the Commission believes thai the land- embraced in the
original schedule, and in the firsl and second amended schedules, made a pari of the
record in the case of the Delaware.-, have not been selected with a due yi-^-.wA foi
the interests of either the Delaware citizens generally or other citizens of the Cherokee
Nation, and in so far as townsites are affected, without any intention of conforming
to the laws relating to the establishment of such townsites.
'The Commission is in receipl of a communication from Mr. Adam- to Hon. I
Quay, United - ator from Pennsylvania, dated April L0, L903, and referred
enator Quay to the Commission. A copy of said letter and of Senator Qu
indorsement thereon is hereto attached, marked " Exhibit II." In this lal
.Mr. Adams takes the position thai the Commission is without jurisdiction to re<
applications of Cherokee citizens for lands embraced in the Delawan tion,
notwithstanding the proviso of counsel in the stipulation hereii b provid-
ing for the protection of the property rights of other Cherokee citiz
104 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
"The Commission believes thai some steps should betaken to guard against the
possibility of the Supreme Court rendering a judgmenl adopting said schedule as the
definite and specific tracts of land to which the Delawares are entitled under then
claim, and respectfully request thai the Department may issue such instruction- as it
may deem proper in the premises."
It is believed thai the former report of the Commission fully covers the tacts com-
plained of in the letter of -Mary Nairn, and thai no addition of value can he made to
said report at this time.
The letter of Mary Nairn is herewith returned.
Respectfully, Tams Bixby, Chairman.
{Through the Commissioner of Indian Affairs.)
No. 113.
Department of the Interior,
Washington, October 7, 1903.
Mary Nairn, Coodys Bluff, Tnd. T.
Madam: In reply to your letter of August 8, 1903, to the Commissioner of Indian
Affairs, requesting to be informed why all of the registered Delaware lands were not
segregated as required by the Cherokee agreement contained in the act of July 1,
1902 (32 Stat.. 716), you are advised that on September 5, 1903, the Commission to
the Five Civilized Tribes reported in the matter, referring to a former report from
the Commission, which it states covers the facts complained of in your letter.
"Without entering into any of the statements made by the Commission in its report
of Septemder 5, 1903, or the Commissioner of Indian Affairs transmitting that report
October 1, 1903, you are advised that on October 6, 1903, the Commission to the Five
Civilized Tribes was advised that the schedule of lands upon which it made its so-
called segregation of Delaware lands does not meet the requirements of the statute,
in that it does not include allot" the lands which have been selected and occupied by
Delawares, and in that it does include lands which no Delaware has selected and
occupied, but to which other Cherokee citizens have claims based upon alleged set-
tlement and improvements thereon.
The Commission was therefore directed to proceed at once to make such examina-
tion and investigation as would enable it to determine what tracts should be added
to said list and what tracts now embraced therein should be excluded, care being
taken to make the list cover the full quantity of land required to be segregated, and
as soon as practicable to report the result of such investigation with suitable recom-
mendation in the matter.
It would appear that your proper course would be to consult with the Commission
in regard to the segregation of any lands you may desire to have segregated.
Respectfully,
Tuos. Ryan, Acting Secretary,
No. 114.
Department of the Interior, Office of Indian Affairs,
Washington, August SI, 1908.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith report of the Commission to the Five
Civilized Tribes of the 11th instant, covering the work of the Commission for the
month of July, 1903, which I recommend be approved by the Department.
In this connection permit me to state that there are the following citizenship cases
now [lending in this office:
Mississippi Choctaws 72
Choctaws by blood 46
Chickasaws by blood 11
Cherokees by blood <>2
Cherokee freedmen 80
Creeks by blood 6
Creek freedmen 2
Very respectfully,
A. C. Tonner, Acting Commissioner
ALLOTMENT <>K LANDS TO DELAWARE INDIANS. H>. r )
No. I L5.
Department i i L teriob
Commission to the Five Civilized Tribes,
Muscogee, Ind. '/'., August //, 1908.
The 8E( i:i:i ARl OF THE I KTERIOR.
Sir: We have the honor to submil herewith the following statemenl of the work
of the Commission to the Five Civilized Tribes for the nth of July, L903. There
is merged in thisreporl the work accomplished by the Commission during the month
of June, together with a statement showing the work of the allotmenl contesl divi-
sion during the month of May, the same having been (.milled from the reporl for
thai ni'iiii li heretofore submitted.
( 'herokee allotment division. Approximately 1,100 tickets of admission to the Chei
okee land office were issued during the month of July, L75 to full bloods. A total of
L0, 370 tickets have been issued to the close of the month, of which n ber, approxi-
mately, l,ii(i(i have been presented al the land office.
Four hundred and fifty-nine citizenship certificates, embracing 995 applicants, and
224 reservation certificates, embracing 366 applicants, were issued during the month.
Applications for 1,850 allotments and homesteads were made during the month.
Of this number, L266 were approved, the approval of 584 being \\ ithheld for variou
reasons, viz: 433 because the enrollmenl of the applicants had nol been approved by
the Secretary of the Interior; no because the land applied for had afready been
allotted; and 1 1 because the land applied for was embraced within the 157,600 acree
of land which the Commission caused to be segregated for the Delaware Indian
The allotments made during the month include 123,098.88 acres of land, valued at
$398,642.72.
There wen- prepared during t he month 500 allotmenl certificates and 500 homestead
certificates for the execution of the Commission.
Allotment contest division. — The progress of the work in the allotmenl contesl divi-
sion, <\uni>v the months of May, June, and July, and the condition of contested
allotment cases at the close ei each month, as indicated by the records of thai divi-
sion, are shown by the following detailed statement:
( herokee Nation:
Contests instituted prior to May I, 1903 115
Complaints filed during May 131
Complaints returned for correction 26
Contests instituted during May L05
Total number of contests instituted up to and including May 31, 1903 220
( 'onte-i- disposed of prior to .May 1 2
( ontests disposed of during May I
Contests pending before the Commission May 31 216
Contests pending before the Departmenl May 31 I
T( >tal 220
The condition of the 216 Cherokee contest case pending before the Commission on
May •'!! was as follows:
Total ...216
Referred to Department for action on complaint and now awaiting further action
of parties [
Cherokee Nation, total 227
The condition of the 222 Cherokee contesl cases pending before the Commission
on June 30, 1903, was as follows:
222
Referred to Department tor action r ,n complaint and now awaiting further action
of parties I
Cherokee Nation, total 291
The condition of the 286 < 'herokee co- . all <»)' which w re pending before
the Commission on July 31, was as follow-:
Total 286
Respectfully submitted.
'I i I ! ( 'hairman.
T. B. Needles, ( ommissioner.
\V. E. S'i \ -.;,!. , . ( 'ommi ionei -
[Through the Commissionei ol Indian Affairs.)
106 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. 116.
Department of the Interior,
Washington, September }, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of your report covering the work of the
Commission for the month of July, 1903. There is inclosed a copy of report of the
Acting Commissioner of Indian Affairs transmitting your said report.
Respectfully,
Tjios. Ryan, Acting Secretary.
No. 117.
Department op the Interior, Office of Indian Affairs,
Washington, September 17, 1903.
The Secretary of the Interior.
Sir: I have the honor to submit for your consideration letter of Richard C. Adams,
representing the Delaware Indians, of the 14th instant, inviting attention to what
he denominates the very great wrongs that are being perpetrated upon the Delaware
Indians now residing in the Indian Territory, and the great injustice they are suffer-
ing by reason of the failure of the United States to protect them in their rights as
promised and guaranteed in the treaty of 1866, under which they consented to give
up their homes in Kansas and to settle in the Cherokee Nation.
Mr. Adams refers to the delays that have been incident to the location of the Dela-
wares in the Cherokee Nation, the failure to have their lands, which they purchased,
defined, and quotes from the treaty of 1866 as follows:
"The United States guarantees to the said Delawares peaceable possession of their
new homes * * protection from hostile Indians and internal strife and civil
war," etc.
Mr. Adams says further that notwithstanding all this, when the Dawes Commis-
sion began negotiations with the Cherokee for the allotment of their lands in sev-
eralty, the Cherokee at once set up a claim that the Delawares had no title to the
157,600 acres they had so purchased and paid for.
In the meantime Congress had passed the Curtis Act, and a little later what was
known as the " Cherokee allotment act," by the former of which it was provided that
the Delaware Indians might institute a suit in the Court of Claims to determine the
nature and extent of their title to the 157,600 acres so purchased by them, and in
both of said acts it was provided that should the Dawes Commission proceed to allot
any lands in the Cherokee Nation, the 157,600 acres selected and claimed by the
Delawares should be segregated and set aside and so remain until the final determi-
nation of said suit, and thereafter the Commission should proceed to allot the remain-
ing lands in the Cherokee Nation.
Having been authorized and directed by the Delawares in council assembled, Mr.
Adams says he appealed to the Commission to have the lands selected and occupied
by the Delawares segregated in accordance with the acts referred to, and supplied
the Commission with schedules and maps thereof, which had been prepared with
great labor and expense, copies of which were at the same time filed with the
Department of the Interior.
Notwithstanding the rights acquired by the Delawares by the various proceedings
in this matter, and for reasons which Mr. Adams says he is unable to suggest, the
Commission in January last began accepting applications for allotments by Cherokee
of lands so selected and segregated for the Delawares. As the representative of the
latter of these people he protested, and alleges that during the months of .March and
April filings by Cherokee upon lands segregated for the Delawares became more and
more numerous, and by May more than 200 of such filings had been made on the land
so segregated. He also states that during all this time the Delawares who lived upon
these lands and owned the improvements and had been in occupancy for many years,
were denied the right to file; that protests against this outrage made orally and by
letters and telegrams to the Commission and the Secretary and the Department were
utterly disregarded, until finally, on June 2 last, all other means of self-protection
having been tried and found of no avail, suit was brought by injunction on behalf of
the Delawares in the supreme court of the District of Columbia against the Commis-
sion and the Secretary of the Interior, and a restraining order granted requiring the
defendants to desist from allowing any filings to be made upon lands so segregated,
or from doing or performing any act or thing in connection therewith ; but that not-
ALLOTMENT OF LANDS TO DELAWARE INDIANS 107
withstanding this, and notwithstanding the fact that the chairman of the Commis-
sion was duly served with the restraining order, the Commission continued to receive
selections and applications for allotments upon the segregated lands from persons
other than Delawares, who have not now and never did have any interest in or claim
thereto or to any part thereof — more than 27 such selections having been made since
the service of the restraining order upon the chairman of the Commission — and in
open violation and defiance thereof.
These matters were again brought by Mr. Adams, so he reports, to the attention
of the Department, and he was informed that orders were delivered by the Depart-
ment to the Dawes Commission forbidding them to continue to receive such applica-
tions, but still no attention was paid to the instructions, and the Commission has
since continued to deal with such applications, to notify Delawares to appear and
contest them within nine months, or be forever barred from claiming any interest
in such land — all of which he declares to be in direct violation and defiance of the
restraining order, unjust and unfair to the Delawares, and in violation of the plain
mandatory provision of section 23 of the Cherokee allotment act, which has been
referred to.
Mr. Adams says correspondence in his office shows that Delawares of the high-
est standing who have lived upon their present home — some of them for more than
a score of yeara — have made lasting and valuable improvements there, have had
their lots fiied upon by strangers who have not now and never have had a claim of
any nature or kind to any part of the lands or to any of the improvements; and these
people have set up claims and made leases, which leases have been assigned for the
purpose of getting them into the hands of alleged innocent persons — mere specula-
tors — and the Delawares are thus sent upon a pilgrimage of litigation with all its
attendant uncertainties, delays, expenses, and vexations.
Mr. Adams says he has himself received a letter signed by Tarns Bixby, commis-
sioner in charge of the Cherokee land office and the individual upon whom the
restraining order of the supreme court of the District of Columbia was served, the let-
ter bearing date of August 31 last, stating that one James S. Fuller, of Fort Gibson,
has appeared before the Cherokee land officeand claimed a part of the land on which
he (Adams) owns all the improvements and for which he paid Fuller in full satisfac-
tion in cash, which land is included in the Delaware segregation.
Mr. Adams requests that the Indian agent be instructed to remove from the
segregated land all persons objectionable to the Delawares, and likewise that the
Commission to the Five Civilized Tribes be instructed to notify all parties who have
made selections on the segregated lands that such selections have been canceled
and that no contests will be heard, and no filings made until after the Supreme
Court of the United States shall have determined the rights of the Delaware Indians
thereto.
The 157,600 acres of lands claimed by the Delawares are claimed by the Com-
mission to have been segregated by it December 17, 1902, in accordance with the
provision of law to which Mr. Adams refers. This land having been segregated was
not subject to be filed upon by Cherokee or even Delawares who are citizens of the
Cherokee Nation. A question having been raised as to the right of the Delawares to
this land would in no wise justify the Commission in presuming that the claims of
the Delawares would in the end be defeated, and the land subject to allotments as
other Cherokee lands; but even if this were the case, the lands so segregated are in a
very great measure occupied by Delaware Indians who have for years so occupied
these lands, and they have a prior right to file, and a filing made by any other
Cherokee upon the lands so occupied by them, even though no segregation had been
made, would not vest in them any rights whatever unless they had received per-
mission from the Delaware occupant to so file.
Si i that in any event, these lands are not subject and have not been subject, since
the so-called segregation by the Commission on December 17, 1902, to allotment to
any citizen of the Cherokee Nation, and the Commission should not have accepted
filings upon them even though no injunction proceeding had ever been brought.
There is, therefore, no reason why a letter should have been addressed by the Com-
mission to Mr. Adams notifying him of the fact that James S. Fuller had claimed a
part of the land which had already been segregated for the Delawares. Even though
he might claim that he had not transferred the right of occupancy to Air. Adams,
and had not received any compensation therefor, if any injustice was done him it-
was done by the Commission in having, without investigating his rights, attempted
at least to segregate this land for the Delawares, and it is now too late to attempt to
adjudicate his rights until a decision has been returned on the suits pending involv-
ing the rights of the Delawares to the lands they claim.
Having made what they believed to be a valid segregation of these lands, it was
108 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
the duty of the Commission to maintain the status of these lands as existing on the
date which they claim as the date of the segregation. To now accept filings upon
these lands from any citizens of the Cherokee Nation is, in fact, a repudiation by the
Commission of the validity of its own act.
It is not necessary in this letter to discuss the question of the adequacy or validity
of the segregation made by the Commission, but certainly anything that has been
done by the Commission in the way of accepting filings upon this land should be
canceled, annulled, and held to have in nowise vested any right of occupancy in the
person who may have hied upon the lands pending the decision as to the rights of the
Delawares therei 1 1 .
1 therefore recommend that this letter be referred to the Commission, with
instructions that any tilings they have accepted on lands set aside by the Commis-
sion as within the 157,600 acres of Delaware lands shall be canceled, and any acts
done by the Commission to in anywise change the status of these lands from what
they were at the time of the so-called segregation be declared null and void, and of
no effect, and without authority of law, and inconsistent with the duty of the Com-
mission and its duties in connection with these lands.
Very respectfully,
W. A. Jones, Commissioner.
No. 118.
Washington, D. C, September U, 1903.
Hon. W. A. Jones,
Commissioner of Indian Affairs, Washington, D. C.
Dear Sir: I desire to call your attention to the very great wrongs that are being
perpetrated upon the Delaware Indians now residing in the Indian Territory,
and the great injustice they are suffering by reason of the failure of the L T nited States
to protect them in their rights, as promised and guaranteed in the treaty of 1866,
under which they consented to give up their homes in Kansas and to settle in the
Cherokee Nation.
From the day of their removal to the present hour they have hardly known a
moment's peace. They were moved from one locality to another, their crops and
improvements abandoned and lost because the promised surveys were not made,
they were denied participation in the distribution of tribal income and funds, their
appeals to Congress and the departments for protection were unheeded, and for
years they were compelled to beg for the right to a hearing in the courts which were
freely open to the offscourings of every country on earth and denied only to people
who had recently owned and possessed all the fair land, and from whom it had been
taken with or without their consent and with or without compensation, as suited the
purpose or caprice of the paternal Government. Here for the first and last time the
Delaware Indians were accorded their rights, as provided and guaranteed by treaty,
but only to the extent of the questions involved in the suit then brought, while as to
all other matters their condition was no better than it had been before.
By the terms of the treaty of 1866 it was provided that the lands purchased from
the Cherokee and paid for in cash by the Delawares, at a very high price, should be
immediately surveyed and "set-off with clearly and permanently marked boundaries
by the United States," etc. This the ( '<< »vernment never did, though often requested
to do so. Said treaty also contained the following:
"The United States guarantee to the said Delawares peaceable possession of their
new homes * * * and protection from hostile Indians and internal strife and
civil war," etc.
But notwithstanding all this, when the Dawes Commission began negotiations
with the Cherokee for the allotment of their lands in severalty, the Cherokee at
once set up a claim that the Delawares had no title to the 157,600 acres of land they
had so purchased and paid for. Again the Delawares appealed to the Government,
and particularly to the Interior Department, for protection, but, as always before,
without avail.
In the meantime Congress had passed what was known as the Curtis act, and a
little later what was known as the Cherokee allotment act, by the former of which
it was provided that the Delaware Indians might institute a suit in the Court of
Claims, to determine the nature and extent of their title to the 157,600 acres so pur-
chased by them, and in both of said acts it was provided that before the Dawes Com-
mission should proceed to allot any lands in the Cherokee Nation, the 157,600 acres
selected and claimed by the Delawares should be segregated and set aside, and so
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 109
remain until the final determination of such suit, and thereafter said Commission
should proceed to allot the remaining lands in said nation.
And now comes the crowning outrage upon the Delaware people, after all they have
been compelled to suffer and endure in the past, notwithstanding their patriotism
and loyalty to the United States.
Having been authorized and directed by the Delawares in council assembled to do
so, I applied to the Dawes Commission to have the lands so selected and occupied by
the Delawares segregated in accordance with said acts, and supplied said Commis-
sion with schedules and maps thereof, which had been prepared with great labor
and expense, copies of which were at the same time filed with the Department of the
Interior. In reply the said Commission expressed the opinion that no segregation
was necessary other than the marking of the lands set out in said schedules, as
reserved, and the withholding of the same from general allotment. The Depart-
ment concurred in this opinion and so advised me in April, 1901. On December 17,
1902, the Commission, by a resolution regularly adopted, declared the lands so
described in said schedules to be segregated and that the same should be withheld
from allotment.
Notwithstanding these facts, and for reasons which I am unable to suggest, the
said Commission, in January last, began accepting applications for allotments by
Cherokee of lands so selected and segregated for the Delawares. As the representa-
tive of the latter, I immediately protested; but during the months of March and
April the filings became more and more numerous, and by May more than 200
of such filings had been made on the lands so segregated. During all this time the
Delawares, who lived upon these lands and owned the improvements and had been
in occupancy for many years, were denied the right to file. My protests against this
outrage, made orally and by letters and telegrams to the Dawes Commission and the
Secretary of the Interior, were utterly disregarded, until finally, on June 2 last, all
other means of self-protection having been tried and found of no avail, suit was
brought by injunction, on behalf of the said Delawares, in the supreme court of the
District of Columbia against the said Commission and the Secretary of the Interior,
and a restraining order granted requiring the defendants to desist from allowing any
tilings to be made upon the land so segregated or from doing or performing any act
or thing in connection therewith.
But notwithstanding the premises, and notwithstanding the fact that the chair-
man of the Dawes Commission was duly served with the restraining order at the time
said suit was brought, said Commission continued to receive selections and appli-
cations for allotments upon said segregated lands by persons other than Delawares,
and who have not now and never did have any interest therein or claim thereto or
to any part thereof, more than 27 such selections having been made since the service
of said restraining order upon the chairman of said Commission and in open viola-
tion and defiance therei >f.
These facts were again by me brought to the attention of the Department, and I am
informed that orders were telegraphed by the Secretary of the Interior to the Dawes
Commission forbidding them to continue to receive such applications, but still no
attention was paid to such instructions, and said Commission has since continued to
deal with such applications, to notify Delawares to appearand contest such applications
within nine months, or be forever barred from claiming any interest in such land,
all of which is in direct violation and defiance of said restraining order, unjust and
unfair to said Delawares, and in violation of the plain mandatory provision of section
23 of the Cherokee allotment act referred to.
It might be claimed that the ultimate rights of the Delawares could not be jeop-
ardized by this action, inasmuch as if it should finally be determined that such appli-
cations were improperly received they would have to he cancelled of record, and
indeed this is the excuse offered by the Commission for its determination and per-
sistence in receiving such applications and continuing to act thereon; but this is only
a specious and makeshift excuse, for the reason, which is well known to the mem-
bers of the Dawes Commission, that as soon as an application has been accepted the
holder immediately asserts his right of possession, in some cases bringing an injunc-
tion suit to prevent the Delawares from exercising any rights about or upon the
premises, many of such suits being now pending. In other cases they immediately
enter into lease, contracts with parties on the ground for the purpose, or the agents
of companies organized for the purpose of operating in such leases, receiving therefor
a small bonus and an agreement for a royalty in case said leases shall be finally sus-
tained, and thus the fraudulent applicant obtains a small advancement with the
possibility of future profits, a speculator obtains the opportunity of making a fight
for something which if gained will be of great value, and if not, will represent but a
comparatively small loss, and between the two the Delaware is wrongfully and out-
110 ALLOTMENT OF LANDS TO DELAWARE TNDIANS.
rageously forced into litigation against rich and powerful opponents, which may last
an indefinite time, and in which he may be compelled, through want of means and
other discouragements, to abandon his birthright to a pack of irresponsible adven-
turers and sharks, who are in the country to feed and grow fat out of operations
upon those who through ignorance or want of means maybe unable to protector
defend themselves.
The limits of this letter will not permit of my taking up individual cases. Suffice
it to say that the correspondence in my office will show that Delawares of the highest
standing, who have lived upon their present homes, some of them for more than a
score of years, have made lasting and valuable improvements there, and where their
children have been born and have grown to manhood and womanhood, had their
lands filed upon by strangers who have never lived within miles, and who have not
now, and never have had, a claim of any nature or kind to any part of the lands or
to any of the improvements, and these rascals have set up claims and made leases,
which leases have been assigned for the purpose of getting them into the hands of
alleged innocent persons, who are mere speculators, and these Delawares are thus
sent innocent and unoffending upon a pilgrimage of litigation whose end no man can
foresee, with all its attendant uncertainties, delays, expenses, and vexations, and
he must stand by helpless and, with hands tied, denied the right to file upon his
own home, and it pounced upon by strangers, with only the right reserved to him to
litigate.
These outrages need only to be mentioned that their enormity may be understood
by one as familiar as yourself with the condition surrounding these people. I am
myself in receipt of a letter signed by Tarns Bixby, Commissioner in charge of the
Cherokee land office, and the very individual upon whom the restraining order of
the supreme court of the District was served, bearing date of August 31 last, stating
that one James S. Fuller, of Fort Gibson, has appeared before the Cherokee land
office and claimed a part of the land on which I myself own all the improvements
ami for which I paid him in full satisfaction in cash, and which is included in the
Delaware segregation. This is only one of a great number of such notices being
received daily by Delawares.
I desire to appeal to you, knowing as I do your familiarity with the questions
involved, your knowledge of the truth and justice of the position of my people, as I
have stated it, and knowing, as all people know w r ho have had occasion to deal with
your office, your great and sincere desire to see justice done to the Indians. If there
is anything within your power that can be done for the relief of my people against
tins outrage, I ask that you may do it as quickly as may be consistent with the duties
of your office.
I respectfully request that the Indian agent be instructed to remove from the seg-
regated land ail persons objectionable to the Delawares, and likewise that the Dawes
Commission be instructed to notify all parties who have made selections on the seg-
regated lands that said selections have been canceled and that no contests will be
heard and no filings made until after the Supreme Court of the United States shall
have determined the rights of the Delaware Indians thereto.
Very respectfully,
Eichakd C. Adams,
Representing Delaware Indians.
No. 119.
Department of the Interior,
Washington, September 28, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of a report from the Commissioner of
Indian Affairs, dated September 17, 1903, transmitting a letter from Mr. Richard C.
Adams, representing the Delaware Indians, calling attention to what he declares to
be a very great wrong perpetrated upon the Delaware Indians now residing in the
Indian Territory, by your Commission, in accepting applications for allotments of
Cherokee of lands claimed to have been selected and segregated for the Delaware
Indians, and requesting that the "Indian agent be instructed to remove from the
segregated land all persons objectionable to the Delawares, and likewise that the
Dawes Commission be instructed to notify all parties who have made selections on
the segregated lands that said selections have been cancelled and that no contests
will be heard and no filings made until after the Supreme Court of the United States
shall have determined the rights of the Delaware Indians thereto."
ALLOTMENT OF LANDS TO DELAWARE INDIANS. Ill
The Commissioner of Indian Affairs recommends that said letter be referred to
your Commission, "with instructions that any filings they have accepted on lands set
aside by the Commission as within the 157,600 acres of Delaware lands shall be can-
celled; and any acts done by the Commission to in anywise change the status of these
lands from what they were at the time of the so-called segregation be declared null
and void and of no effect, and without authority of law, and inconsistent with the
duty of the Commission and its duties in connection with these lands."
Before taking any action in the premises the Department desires a report from
your Commission relative to the charges made by Mr. Adams concerning the accep-
tance of applications by your Commission, after the receipt of notice of the order of
the supreme court of the District of Columbia in the case of < reorge Bullette et al. /-.
E. A. Hitchcock et al. (Equity, No. 23991).
A copy of the Commissioner's report is inclosed herewith, and you are requested
to return the letter of Mr. Adams with your said report.
In connection with the statements made in this letter, you are referred to depart-
mental letter of Septemher 19, 1908.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 120.
Department of the Interior, Office of Indian Affairs,
Washington, October 16, 1903.
The Secretary of the Interior.
Sir: Referring to Department letter of September 28, 1903, directing the Commis-
sion to make report relative to the charges made by R. C. Adams concerning the
acceptance of applications by the Commission after the receipt of notice of the order
of the supreme court of the District of Columbia in the case of George Bullette et al.
v. E. A. Hitchcock et al., I have the honor to inclose herewith a report from the
Commission, dated October 7, 1903. Pages 1 to 3 of said report are virtually a reit-
eration of the Commission's report of October 2, 1903, which was transmitted with
Office letter of October 10, and as the report is made in duplicate, it is not believed
by the Office that it is necessary to restate the part referred to.
The Commission, however, inclosed a copy of the agreement entered into on August
28, 1901, between George Smith, of the Cherokee Nation, and Richard C. Adams, of
Washington, and John Bullette, of Claremore, Ind. T. By this agreement George
Smith purports to lease for himself, and as guardian of William B., Mark F., Ida
Ethel, and Thomas Smith, his minor children, to Adams and Bullette certain lands
described by the lease. The Commission also inclosed a list of persons who have
executed to Adams and Bullette instruments similar to the one made in their favor
by George Smith. The Commission says:
"These inclosures will tend to enlighten the Department upon the good faith of
Mr. Adams in his dealings with Delaware lands, and also the object which he has
in making charges against the action of the Commission relating to the Delaware
segregation."
And that it is not deemed advisable to further comment upon the charges made
by Mr. Adams in his letter of September 14, 1903, other than to say that there is no
truth in his statement wherein he says:
"I am informed that orders were telegraphed by the Secretary of the Interior to
the Commission fori lidding them to continue to receive such applications, but still
no attention was paid to such instructions, and said Commission has since continued
to deal with such applications, to notify Delawares to appearand to contest such
applications within nine months or he forever barred from claiming any interests in
such lands."
The Commission's report of October 2 showed that it made an error in sending
to Mr. Adams a certain statement which had not been properly checked, and
inasmuch as the Commission has been fully instructed concerning this segregation,
and in view of its report of October 2, the Office does not consider that the subject
admits of further discussion at this time. The Commission was instructed by the
Deprrtment pertaining to the matter October 6, 1903. However, with reference to
the form of lease agreement transmitted by the Commission, and the list of names,
the attention of the Department is invited to letter of September 17, 1903, disapprov-
ing certain leases from divers Delaware Indians, as lessors, to Richard C. Adams
and John Bullette, as lessees, for the purpose of mining coal, petroleum, etc., on
lands described by such leases in the Cherokee Nation. There was also transmitted
a list which shows the names of the lessors.
112 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
One of the leases so disapproved has been compared with the form of lease trans-
mitted by the Commission and lias been found identical therewith. The names of the
lessors, as shown by said disapproved lease, have been checked with the list furnished
by the Commission, and all of the names of said purported lessors appear upon this
list except that of George Smith.
The Department stated in its said letter of September 17 that the disapproved
leases were received with Adams's letter of February 20, 1903. It would seem there-
fore that the Department was long since advised of Mr. Adams's actions in this
particular.
Very respectfully, W. A. Jones, Commissioner.
No. 121.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T. , October 7, 1903.
The Secretary of the Interior.
Sir: Receipt is hereby acknowledged of departmental letter of September 28, 1903,
requesting the Commission to report relative to the charges made by Mr. R. C. Adams,
representing the Delaware Indians, concerning the acceptance of applications by this
Commission after the receipt of notice of the order of the supreme court of the Dis-
trict of Columbia in the case of George Bullette et al. /•. E. A. Hitchcock et al., and
inclosing the communication of Mr. Adams making said charges, together with the
copy of the report of the Commissioner of Indian Affairs thereon.
In reply thereto the attention of the Department is respectfully called to the report
of the chairman of the Commission under date of October 2, 1903, relative to the same
matters of which Mr. Adams complains in the letter which the Department trans-
mits in its letter of September 28, 1903.
As said in that report of the chairman, at no time since the land office has been
opened in the Cherokee Nation has it been the intention of the Commission to
receive final applications for allotments of lands which were embraced in the Dela-
ware segregation, but simply to allow those Cherokee citizens who claim to own
improvements on lands which were included in the Delaware segregation to appear
at the land office and make out their applications to select the lands on which they
claim their improvements, and hold the same suspended without any further action
until the final determination of the suit of the Delaware Indians against the Cherokee
Nation now pending in the Supreme Court of the United States; and it may be fur-
ther said that as soon as this Office was advised of the injunction suit and that a
restraining order had been issued against the honorable Secretary of the Interior and
this Commission by the supreme court of the District of Columbia, orders were
immediately issued to the land office for the Cherokee Nation to take no action,
receive no application, and in fact do nothing touching lands embraced within the
Delaware segregation, and these orders were strictly complied with in intention, but
as in the order referred to in the report of the chairman of October 2, a notice was
inadvertently sent to Mr. R. C. Adams relative to lands which were in the Delaware
segregation, but as stated therein the lands embraced in said notice were not prop-
erly checked and it was permitted to go out by mistake, and not intentionally, and
would have been caught later on in checking over the work at the land office. As
therein stated, this mistake was immediately corrected upon receipt of departmental
letter of September 17, 1903.
The attention of the Department is also invited to the report of the Commission of
April 20, 1903, calling attention to the various inaccuracies in the description of the
lands embraced in the Delaware segregation, and calling the attention of the Depart-
ment to the difficulties encountered by reason of the improvements of Cherokee citi-
zens not of Delaware blood having been included in the Delaware segregated lands,
and asking that the Department take some steps to protect those Cherokee citizens
not of Delaware blood whose improvements had been included in the lands segre-
gated for the Delawares, and it was in furtherance of a desire and an intention on the
part of the Commission to protect the interests of such Cherokee citizens that the
policy of permitting them to appear at the land office and make application for their
lands when it appeared they were included within the Delaware segregation, and
holding the same suspended," awaiting the final action of the Supreme Court in the
Delaware suit.
At no time has it been the intention or the desire of the Commission to in anyway
complicate the se<m'L r ated lands, and the Commission can not at this time see that
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 113
even if the suit now pending should be decided in favor of the Delaware Indians and
their contention be finally sustained by the Supreme Court that these suspended
applications would in any way tend to affect the lands within the segregation, for in
that event no further action would be taken on suspended applications for lands in
said segregation other than to refuse to accept them and approve them, which would
leave the segregated lands unencumbered by any application and no necessity for a
Delaware Indian to institute a contest.
There is inclosed herewith a copy of an instrument of writing executed on the 28th
day of August, 1901, by and between George Smith, of the Cherokee Nation, Ind. T.,
and Richard C. Adams, of Washington, D. C, and John Bullette, of Claremore,
Ind. T., wherein the said George Smith purports to lease upon certain representa-
tions for himself and as guardian of William B. Smith, Mark F. Smith, Ida Ethel
Smith, and Thomas Smith, his minor children, to the said Adams and Bullette cer-
tain lands therein described.
There is also inclosed herewith a list of persons who have executed to the said
Adams and Bullette instruments in writing similar to the one executed to them by
George Smith.
These inclosures will tend to enlighten the Department upon the good faith of Mr.
Adams in his dealings with Delaware lands, and also the object which he has in
making charges against the action of the Commission relative to the Delaware segre-
gation.
It is not deemed advisable to comment further upon the charges made by Mr.
Adams in his letter of September 14, 1903, to the Commissioner of Indian Affairs,
other than to say that there is no truth it the statement wherein he says:
"I am informed that orders were telegraphed by the Secretary of the Interior to
the Commission forbidding them to continue to receive such applications, but still
no attention was paid to such instructions, and said Commission has since continued
to deal with such applications, to notify Delawares to appear and to contest such
applications within nine months or be forever barred from claiming any interests in
such land."
As said in the report of the chairman of October 2. 1903, the mistake was made in
checking over the lands embraced in the Delaware segregation when certain applica-
tions were made and, through a mistake, was signed and sent out. If there has been
any other notice, except the one sent to Mr. R. C. Adams himself, the Commission.
at this time, is not aware of it, ami certainly no attempt was made to evade the
restraining order referred to by Mr. Adams in his letter, and no intentional violation
of it was made by the Commission, as strict orders were given immediately upon
notice that said restraining order had been issued that no action whatever should be
taken by the land office regarding lands embraced within the Delaware segregation.
Formal notice has been served upon every one of the class permitted to make a
"suspended" application for Delaware land to the effect that such land is in the
segregation which has been made to the Delaware Indians, that they will not be
allowed the land until the Delaware suit is determined, and that a final allotment of
the land is not made at the time of the application. The applicant is required to
accept service of said notice and his signed acceptance is made a part of the record.
A copy of such notice is herewith inclosed. The letter of Mr. Adams is returned
herewith.
Respectfully, Tams Bixby,
T. B. Needles,
C. R. BRECKINRIDC4E,
(Through the Commissioner of Indian Affairs.)
( 'ommissioners.
This is formal notice to you by the Commission that the is embraced in the
segregation which has been made to the Delaware Indians who are members of the
Cherokee Nation, under the provisions of section 23 of the act of Congress approved
July 1, 1902, and that you will not lie allowed this land for until the suit of
the Delaware Indians against the Cherokee Nation, now pending, has been deter-
mined, and that a final allotment of this land to will not be made at
this time.
I accept service of this notice.
S. Doc. 104 8
114
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Lucinda E. Lane, for herself and 2 chil-
dren ( L. E. Lane |.
( reorge Fall Leaf.
John Jackson, for himself and 6 children.
John Kenney.
William Brown, for himself, wife, and
child.
Mary Lee.
Mrs. Blackwing, for herself, daughter,
and grandchild.
Mrs. Alex Drum, alias Ah pahlemah, and
child.
Charles Elkshair, for himself, wife, and
2 children (Elkhair).
Mrs. Anderson — Win da ala qua, for him-
self and 3 children (not signed by Mrs.
Anderson).
Thomas Lewis, for himself and wife.
Calvin Orcutt, for himself, wife, and 3
children ( Evertt) .
Rev. Win. Adams, for himself, wife, and
5 children.
Joshua Wilson, for himself and wife.
Tom Wilson, for himself, wife, and child.
Frank Wilson, Mrs. Ice Wilson, Read Wil-
son, and 5 children of Mrs. Ice Wilson.
J. E. Thomas.
John Parks, for himself, wife, and 3 chil-
dren.
Alex Black, for himself, wife, and 3 chil-
dren.
Martha Swannock.
Mrs. Nancy Wilson or Ap pah me now o
qua.
James Wilson, for himself and 3 children.
Abner Adams.
James Tanner.
Mary B. Sarcoxie.
Pa ma le mah or Minnie Elkshair, for her-
self and child (Elkhair).
Abraham Ketchum, for himself and five
children.
George Parker, for himself, wife, and 6
children.
Wm. W. Nicholas, for himself and child.
Ellen Young, for herself and child.
Frenchman and Frank Frenchman and 2
children.
Frenchman.
Joseph Wilson, for himself and wife.
Edward Frenchman, for himself and 3
children.
II. M. Adams, wife, and 3 children.
Sally ( ). Smith and 4 children.
Benjamin Conner and 3 children.
Jesse Miller and 2 children.
Arthur Armstrong, wife, and 2 children.
John Young, wife, and 2 children.
Col. Jackson, wife, and 5 children.
Sarah Fields, 4 children, and 1 grand-
child.
John Hallett.
Lizzie Halfmoon Peacock and 2 children.
Pa tab a coh o.
Elkshair, wife, and grandchild (Elkhair).
Stephen Bezian and wife.
A Mandy Bixby and 5 children (Bixley) .
Harry Arnold.
Mrs. Billy Wilson, son, and grandson.
J. F. Rice and 2 children.
Lizzie Beaver and 4 children.
Geo. Wilson, deceased daughters of Lucy
Willits (signed by Lucy Willits).
Sam Wilson and daughter (Sam Wil-
liams ).
Jane Requa and son James Swanock and
child.
Fielding Halfmoon, wife and 4 children.
Mary Caps Ager (Mary Ager).
Mrs. Sam Williams and grandchild.
George Bullette and wife.
Cyrus Washington, 5 children and 1
nephew.
John Secondyne and 6 children.
John R. Willey, wife and 3 children.
Henry Armstrong.
John Kinney.
Josie Bullett and 2 children.
W. H. Shailer and 6 children.
Anderson Secondine.
Thomas Secondyne and child.
Jacob Secondyne.
Jane Fallleaf Drum.
Henry Spybuck, wife and 5 children.
James Walker and child.
Mrs. "Washington and 2 grandchildren.
Wm. Thomas and child.
A. H. Norwood.
Widow Bill Swannock, alias Ske ke now
o qua.
Mrs. Washington.
Exhibit L.
Agreement made and entered into this 28th day of August,, A. D. 1901, by and
between George Smith, of , Cherokee Nation, Ind. T., and , wife
of said , as individuals and as husband and wife, and for themselves
individually as well as jointly, and also as natural guardian for their children, to wit,
Willie B. Smith, aged 9 years; Mark F. Smith, aged 6 years; Ida Ethel Smith, aged
4 years; Thomas Smith, aged 1 year, parties of the first part (hereinafter called the
lessors), and Richard C. Adams, of Washington, D. C, and John Bullette, of Clare-
more, Ind. T., parties of the second part (hereinafter called the lessees).
This agreement is entered into by the lessees upon the faith of the following repre-
sentations made to them by the lessors.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 115
(A) The said lessors are Delaware Indians by blood, and have been duly listed
for enrollment as Delaware Indians and citizens of the ( Iherokee Nation by the Com-
mission to the Five Civilized Tribes, known as the Dawes Commission, and have
been found by said Commission to be entitled to enrollment as such, have, by act of
Congress, become citizens of the United States.
(B) There has been selected for or by the said lessors, as their allotment or share
of the lands of said tribe to which they are entitled, or a portion of the same, the
lands hereafter described.
(C) It is contemplated that a judgment will be obtained in the Court of Claims of
the United States in a suit now pending between the Delaware tribe of Indians and
the Cherokee Nation, by which the title of said lands herein described, and the coal,
petroleum oil, and other substances thereon and thereunder is claimed by said lessors,
and will be confirmed in them.
Now, therefore, in consideration of the sum of $1 to the lessors in hand paid by
the lessees, the receipt of which is hereby acknowledged, and in further considera-
tion of the covenants of said lessors and lessees, each to the other, hereinafter con-
tained, it is agreed as follows:
First. The parties of the first part hereby grant, demise, and let to the lessees and
to their successors and assigns, with the sole and exclusive right of digging, boring,
and otherwise prospecting for coal, petroleum, and other valuable mineral substances,
the following-described tracts of land situated in the Cherokee Nation, in the Indian
Territory, to wit: NE. ], sec. 35, and F. i_ of SE. J of sec. 35, and W. £ of SW. i of
sec. 36 in T. 27 N., R. No. 15 F., Indian meridian, 320 acres.
To have and to hold the said premises for the said purpose only, unto said lessees,
and to their successors and assigns, for and during the full term of twenty years from
the date of this contract, hereby granting to the lessees, their successors and assigns,
the exclusive right to dig, bore, mine, and excavate for coal, petroleum, and other
valuable mineral substances, and to sell, ship, or otherwise dispose of the same during
the continuance of this contract, and to obtain and remove the same therefrom,
together with all other rights and privileges necessary for or incident to so obtaining
and removing the same, in the most suitable, convenient, and advantageous manner.
Second. The lessees agree to commence and make search for coal, oil, and other
mineral substances in and upon said demised premises within two years from the
date of this agreement, subject to the further conditions as to time hereinafter pro-
vided for, and to render unto the lessors, their legal representatives, successors, or
assigns, for each and every gross ton of merchantable coal, of 2,240 pounds, mined or
produced (except such coal as may be removed in digging pits, shafts, or entries into
such mines, or shall he used as fuel in the working of the mines), a royalty of 5 cents
per ton and for any other valuable substance a royalty of one-twentieth part of the
amount raised or produced, said royalty to be paid on the 25th day of each month
for all coal or other substance produced for the month preceding.
Third. It is agreed that the lessees may, at any time during said term, construct
upon said premises, such houses, buildings, structures and improvements during said
term or at its termination.
Fourth. The lessees shall pay to the lessors in advance, each year during the term
of the lease, as advance royalty, a sum equal to 25 cents per acre for the property
covered by this lease when and after the exploration of lessees shall have shown the
existence of mineral, oil, or gas in commercial quantities, it being understood that
such payments shall be a credit on royalty should the royalty exceed such sums.
Fifth. Should said lessees fail to find coal of sufficient quantity or suitable qual-
ity to justify further mining the same, or from any cause desire to terminate this
agreement, they shall have the right to do so by first giving the lessors notice in
writing, to be mailed to their last-known address, and on payment in full of any
and all royalties which may have become due, including the payments to be made
under the fourth article of this agreement; then this contract shall be considered at
an end and of no binding force upon either of the parties hereto.
Sixth. This agreement is made subject to a suit pending in the Court of Claims
between the Delaware Indians and the Cherokee Nation, and does not bind the
lessees to begin operations hereunder nor to make anj^ payments to the lessors
before a judgment shall have been rendered in the Court of Claims and Supreme
Court of the United States, if appeal is taken, in favor of the Delaware Indians, by
which the title to the lands and coal and oil, and other mineral or other substances
under the lands as herein described, shall pass to and vest in the Delaware Indian or
Indians who are parties of the first part. Said lessees are hereby given two years
from the date of such final judgment to begin operations hereunder.
Seventh. This agreement may be assigned by the lessees, but such assignment shall
not release said lessees from the obligation to pay royalty as herein agreed.
Lit) ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Eighth. Each of the parties hereto shall, upon request, make such other and fur-
ther instrument in writing as may be necessary to effectuate the agreement and
understanding of the parties as herein contained.
Witness our hands and seals the day and year first above written.
[ SEA l.] Geoege F. Smith,
[seal.] •
Indian Territory, Northern District, ss:
Be it remembered, that on this day came before me, a duly commissioned, quali-
fied, and acting notary public within' and for the Indian Territory, northern district.
George F. Smith, and , his wife, to me well known as the grantors in
the foregoing conveyance and lease, and said and , his
wife, stated that they executed the same for the consideration and purposes therein
mentioned and set forth ; and als< i voluntarily appeared before me the said ,
in the absence of her husband, and declared that she had, of her own free will,
executed the same for the purposes therein mentioned and set forth without com-
pulsion or undue influence of her said husband.
The said George F. Smith and , his wife, furthermore state that they
executed the foregoing for themselves and also as the natural guardians of Willie B.
Smith, Mark F. Smith, Ida Ethel Smith, Thomas Smith, for the consideration and
purposes therein mentioned and set forth.
Witness my hand as such notary public on this 28th day of August, A. D. 1901.
[seal.] H. M. Adams, Notary Public.
My commission expires June 29, 1905.
Filed for record this 9th day of September, A. I). 1901, at 8 o'clock a. in.
Chas. A. Davidson,
Clerk and ex officio Recorder.
M — Western National Bank, Washington, D. C, June 16, 1902.
No. 122.
Department of the Interior,
Washington, October 21, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of your report of October 7, 190.'!, in
pursuance of departmental letter of September 28, 1903, requesting a report relative
to the charges made by Mr. R. C. Adams, representing the Delaware Indians, concern-
ing the acceptance of applications by you after receipt of notice of the order of the
supreme court of the District of Columbia in the case of George Bullette et al. v.
K. A. Hitchcock et ah, and returning the communication of said Adams.
Your report was forwarded by the Commissioner of Indian Affairs on October 16,
1903, a copy of which is inclosed for your information.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 123.
Department of the Interior,
Washington, October ~'l, 190.',.
Mr. Richard C. Adams,
Bond Build ing, Washington, D. C.
Sir: The Department is in receipt of a report from the Commission to the Five
Civilized Tribes, dated October 7, 1903, upon your letter dated September 14, 1903,
allegingthat very great wrongs are being perpetrated upon the Delaware Indians in
the Indian Territory, by reason of the failure of the United States to protect them
in their treaty rights, specially charging that said Commission, after notice of the
restraining order issued by the supreme court of the District of Columbia, "con-
tinued to receive selections and applications for allotments" upon lands alleged to
have been segregated for the Delaware?.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 11 7
The Commission denies said allegation, and refers to its report of October 2, 1903,
in which it was stated that a "mistake was made in checking over lands embraced
in the Delaware segregation when certain applications were made, and through a
mistake was signed and sent out. If there has been any other notice except the one
sent to Mr. R. C. Adams himself, the Commission at this time is not aware, and
certainly no attempt was made to evade the restraining order referred to by Mr.
Adams in his letter, and no intentional violation was made of it by the Commission,
as strict orders were given, immediately upon notice that said restraining order had
been issued, that no action whatever should he taken by the Land Office regarding
lands embraced within the Delaware segregation.
In view of the instructions given the Commission on October <s, 1903, a copy of
which has been furnished you, it is not deemed necessary to comment further upon
the report of the Commission.
Respectfully, Thos. Ryan, Acting Secretary.
No. 124.
[Telegram.]
October 2, 1903.
Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Notwithstanding the favorable decision of the supreme court of the District of
Columbia in the suit of Bullette and others against the Secretary of the Interior and
others, your Commission should not, until further directed, receive or act upon appli-
cations for allotments in the Cherokee Nation. Letter will follow.
Thos. Ryan, Acting Secretary.
No. 125.
Department of the Interior,
Washington, Octobers, 1903.
Commissioner of Indian Affairs.
Sir: You are informed that the Department on October 2, 1903, sent a telegram to
the Commission to the Five Civilized Tribes, at Muscogee, Ind. T., as follows:
"Notwithstanding the favorable decision of the supreme court of the District of
Columbia in the suit of Bullette and others against the Secretary of the Interior and
others, your Commission should not, until further directed, receive or act upon appli-
cations for allotments in the Cherokee Nation. Letter will follow."
Respectfully,
Thos. Ryan, Acting Secretary.
No. 126.
[Telegram.]
Muscogee, Ind. T., October 5, 1903.
Secretary of Interior, Washington, IK C:
By departmental telegram of October 2 the Commission is directed not to receive
or act upon applications for allotments in the Cherokee Nation until further directed.
Please confirm by wire.
Bixby, Chairman.
No. 127.
[Telegram.]
Washington, October 6, 1903.
Bixby, Chairman, Muscogee, Ind. T.:
Answering telegram 5th instant, departmental telegram 2d instant, concerning
applications for Cherokee allotments, is hereby confirmed. Explanation and full
instructions mailed you this day.
Thos. Ryan, Acting Secretary.
IIS ALLOTMENT OF LANDS TO DELAWARE INDIANS.
No. L28.
Department of the Interior,
Washington, October 7, 1903.
The Commissioner of Indian Affairs.
Sir: You are informed that the Department is in receipt of a telegram from Chair-
man Bixby, of the Commission to the Five Civilized Tribes, dated October 5, 1903,
as follows:
"By departmental telegram of October l' the Commission is directed not to receive
or act upon applications for allotments in the Cherokee Nation until further directed.
Please confirm by wire."
To which the Department telegraphed the following reply on the 6th instant:
"Answering telegram 5th instant, departmental telegram 2d instant, concerning
applications for Cherokee allotments, is hereby confirmed. Explanation and full
instructions mailed you this day."
Respectfully, Tuos. Ryan, Acting Secretary.
No. 129.
Department of the Interior,
Washington, October 7, 1903.
Commissioner of Indian Affairs.
Sir: There is inclosed herewith for your information copy of departmental letter
of October 6, 1903, sent to the Commission to the Five Civilized Tribes, relative to
the segregation of lands in the Cherokee Nation for the Delaware Indians, and sus-
pending ail proceedings looking to the allotment of lands in the Cherokee Nation
until such segregation shall have become effective.
Respectfully.
Tuos. Ryan, Acting Secretary.
No. 130.
October 6, 1903.
The Commission to the Five Civilized Tribes,
Muscogee, Tnd. T.
Gentlemen: Section 22 of the act of July 1, 1902 (32 Stat.. 716, 718), entitled "An
act to provide for the allotment of the lands of the Cherokee Nation, for the dispo-
sition of town sites therein, and for other purposes," is as follows:
"Exclusive jurisdiction is hereby conferred upon the Commission to the Five
Civilized Tribes, under the direction of the Secretary of the Interior, to determine
all matters relative to the appraisement and the allotment of lands."
Section 23 ( pp. 718, 719) provides that —
"Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall
take lands and share in the funds of the tribe, as their rights may be determined by
the judgment of the Court of Claims, or by the Supreme Court if appealed, in the suit
instituted therein by the Delawares against the Cherokee Nation, and now pending;
hut if said suit he not determined before said Commission is ready to begin the allot-
ment of lands of the tribe as herein provided, the Commission shall cause to he seg-
regated one hundred and fifty-seven thousand six hundred acres of land, including
lands which have been selected and occupied by 1 >elawares in conformity to the pro-
visions of their agreement with the Cherokees dated April eighth, eighteen hundred
and sixty-seven, such lands so to remain, subject to disposition according to such
judgment as may be rendered in said cause: and said Commission shall thereupon
proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Com-
mission shall, when final judgment is rendered, allot lands to such Delawares in con-
formity to the terms < >f the judgment ami their individual rights thereunder. Nothing
in this act shall in any manner impair the rights of either party to said contract as
the same may he finally determined by the court, or shall interfere with the holdings
of the Delawares under their contract with the Cherokees of April eighth, eighteen
hundred and sixty-seven, until their rights under said contract are determined by
the courts in their suit now pending against the Cherokees, and said suit shall he
advanced on the dockets of said courts and determined at the earliest time practi-
cable."
The suit referred to in section 2.S of the act was decided by the Court of Claims
adversely to the Delawares on February -, 1903, ami was subsequently appealed by
them to the Supreme Court of the United States, where it is now pending.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 119
April 20, 1903, your Commission made a report of its action with respect to com-
pliance with the provisions of said section 28, from which report it appears, among
other things, as follows: That on December 10, 1902, there was tiled with your Com-
mission by Walter S. Logan, claiming to he the attorney for the Delaware' Indians, a
schedule of lands aggregating 157,600 acres selected by Delawares and claimed by
them under the agreement of April S, 1867, with the Cherokee Nation; that on
December 17, 1902, by resolution, your chairman was instructed to "cause to be set
aside and segregated 157,600 acres of land in the Cherokee Nation in accordance with
the provisions of section 23 of the act of Congress approved July 1, 1902 (Public, No.
241 ), subject to disposition according to such judgment as may he rendered in the
case of the Delaware Indians v. The Cherokee Nation now pending in the United
States Court of Claims and as shown by the description of said land" in the schedule
referred to; that on January 1 , 1903, your Commission opened the Cherokee allotment
office at Vinita, Ind. T., and proceeded to the allotment of the remaining lands of the
Cherokee tribe; that on January 23, L903, your Commission received from Richard
C. Adams, claiming to represent the Delaware Indians, an alleged corrected schedule
of lands selected by them; that since January 1, 1903, a number of Cherokee citizens
have made application for allotments of lands embraced wholly or in part in the
aforesaid schedules, claiming to have been for years in the possession of the lands
asked for and to own valuable improvements thereon, and that " no Delaware citizen
has ever occupied such lands or owned any improvements thereon;" that a number
of Delaware Indians, since the tiling of said schedules and the opening of the allot-
ment office, have made requests to be "allowed to make final selections of land con-
taining their improvements and upon which they reside, claiming that no portion of
the lands occupied by them is included within the said Delaware segregation;" that
the Commission has been advised that there are " numerous other Delaware citizens
whose improved lands are not included within the said segregation," and "whose
property rights are thus unprotected." Your Commission states, among other
things, that it believes that the lands embraced in said schedules "have not been
selected with a due regard for the interests of either the Delaware citizens generally
or other citizens of the Cherokee Nation." The schedules of lands so selected by
the Delaware Indians were not transmitted to nor formally approved by the Secretary
of the Interior.
The act referred to above imposes upon your Commission the duty of investigat-
ing and determining what lands are subject to segregation, and your Commission
can not substitute the judgment of the Delaware Indians, or any of them, or anyone
acting for them, or any of them, for your own judgment in this matter. To be effect-
ive the segregation must he approved by the Secretary of the Interior, and pending
such approval your Commission should not proceed to allot any of the lands in the
Cherokee Nation. When the segregation is made and approved no application for
allotment of any of the lands so segregated should he received by your Commission
pending the determination of the suit in question.
It seems clear that the list or schedule of lands does not meet the requirement of
the statute in that it does not include all the lands which have been selected and
occupied by Delawares, and in that it does include lands which no Delaware has
selected and occupied, but to which other Cherokee citizens have claims based upon
alleged settlement and improvements thereon. You will, therefore, proceed at once
to make such examination and investigation as will enable you to determine what
tracts should be added to said list and what tracts now embraced therein should he
excluded, care being taken to make the list cover the full quantity of land required
to he segregated. You will as soon as possible report the results of such investiga-
tion, with suitable recommendations in the premises. In the meantime, and until
the segregation shall have become effective, you will suspend all proceedings looking
to the allotment of lands in the Cherokee Nation.
Very respectfully,
Thos. Ryan, Acting Secretary.
No. 131.
Department of the Interior,
Washington, October 7, 1903.
Richard C. Adams,
Attorney nt Law, Bond Building, Washington, D. C.
Sir: There is inclosed herewith for your information, copy of departmental letter
of October 6, 1903, sent to the Commission to the Five Civilized Tribes, relative to
120 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
the segregation of lands in the Cherokee Nation for the Delaware Indians, and sus-
pending all proceedings Looking to the allotmentof lands in the Cherokee Nation
until such segregation shall have become effective.
Respectfully,
Thos. Ryax, Acting Secretary.
No. 132.
Department of the Interior,
Washington, October 29, 1903.
The Commission to the Five Civilized Tribes, Muscogee, Ind. T.
Gentlemen: By letter of October 6, 1903, you were directed to make such exami-
nation and investigation as would enable yon to determine what tracts of land should
be added to the list of lands to be segregated for the protection of the Delaware
Indians in the Cherokee Nation, and what tracts embraced in the list heretofore made
out should be stricken therefrom. It is important that a final list should be made
up and approved as soon as may be. It is equally important, however, that the
interests of all concerned should be carefully respected and protected.
In order that the Department may have a better understanding of the condition of
affairs, and to the end that speedy action may be taken when you shall submit a new
list for action by the Department, these further instructions are given:
You will at your earliest convenience make up a list of the tracts embraced in the
former list which, as shown by the records of your office, are claimed and occupied
by Delaware Indians, and to which there are no adverse claims.
You will make another list, which shall embrace all tracts claimed by Delaware
Indians but not included in the list heretofore presented to you. You will make a
third list embracing the tracts included in the list heretofore presented to which
some Cherokee citizen other than a Delaware makes claim. You will transmit with
each of these lists a statement of the condition of the tracts embraced therein, as to
the occupancy thereof and improvements thereon, so far as the same are known to
you, and will also recommend what action should betaken by the Department upon
each of such lists.
These instructions are not intended to supersede those of October 6, and you will
therefore proceed upon any line of examination and investigation which may have
been entered upon under those instructions.
Very respectfully, E. A. Hitchcock, Secretary.
No. 133.
Department of the Interior,
Washington, October 30, 1903.
Mr. Richard C. Adams, Bond Building, Washington, D. C.
Sir: There is transmitted herewith for your information a copy of departmental
letter, dated the 29th instant, and sent to the Commission to the Five Civilized Tribes,
instructing it further in the matter of the investigation now being carried on con-
cerning segregated Delaware lands in the Cherokee Nation, Ind. T.
Respectfully,
Thos. Ryan, Acting Secretary.
No. 134.
Washington, D. C, September 9, 1903.
The Secretary of the Interior, Washington, D C.
Sir: Ever since the Delaware Indians removed to the Cherokee Nation they have
been imposed upon by the Cherokee in many ways. The Cherokee first denied
the right of the Delawares to participate in the funds of the nation, whereupon the
Delawares were compelled to appeal to your Department and to Congress, and finally
to bring suit in the Court of Claim< before their rights were enforced and before they
were allowed to share in the per capita distribution of the Cherokee funds.
When the Dawes Commission began negotiations with the Cherokee the Chero-
kee denied the light of the Delawares to ownership of the 157,600 acres of land
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 121
purchased by them under the agreement of 1S67, and the Delaware* were again
forced to appeal to your Department and to Congress, and the matter is now pending
in the Supreme Court of the United States.
In the meantime Congress provided, by section 25 of the Curtis Act and section 23
of the Cherokee allotment act, that the lands claimed by the Delawares should be
segregated from the rest of the Cherokee domain and remain in possession of the
Delawares until their rights were finally determined by the Supreme Court.
Shortly after the passage of the Curtis Act. on or about November -t. 1899, the
Delawares petitioned the Dawes Commission, asking that the lands selected by them
might be segregated so that their interests might not be infringed upon by designing
Cherokee. The Dawes Commission, in their reply, expressed the opinion that there
was no necessity of a segregation at that time.
On February 27, 1901, I requested the Department to instruct the Commission to
segregate the lands selected by the Delawares. At the same time I tiled with the
Department several copies of maps showing in colors the lands claimed and selected
by the Delawares. My letter was referred to the Commission for consideration and
report, and it stated that "the lands of the Cherokee have been surveyed and a mere
segregation of the lands claimed by the Delawares would involve no act on the part
of the Commission other than a withholding of the same from general allotment."
The Department concurred in this opinion, and so advised me in April, 1901. On
December 17, 1902, the Commission passed resolutions and segregated the lands
claimed by the Delawares and advised the Delawares that the same would be with-
held from allotment.
On January 1, 1903, the Commission began the allotment of the lands in the
Cherokee Nation. In February the Commission experienced a change of heart and
allowed certain Cherokees to make tilings on the lands segregated for the Delawares.
In March and April the filings became more numerous, and in May more than one
hundred filings had been made on segregated lands. The Delawares petitioned
against this outrage both to the Department and the Commission, but without
avail. Finally, on June 2', 1903, the Delawares brought an injunction suit in the
supreme court of the District of Columbia against the Commission and the Secretary
of the Interior, and a restraining order was granted. Since this time upward of 27
selections have been made by Cherokees on the segregated lands, notwithstanding
the restraining order. Complaint was made to your Department, and about July 21
the Department telegraphed to the Dawes Commission forbidding it to allow any
more allotments to be made on the segregated lands. It seems, however, that the
Commission is still disregarding the orders of the court and the Department and
paying no attention to either, but is continuing to send out notices to Delawares,
requiring them to contest within nine months the selections of Cherokees on the
Delaware holdings, or be forever barred.
During the last few days I have received complaints from Delaware Indians stating
that Cherokees who have made selections on their lands are now renting the same,
and in some instances, where the lands are located near the railroad station, are
selling town lots from said lands.
One of the complainants is James W. Gibson, a Delaware Indian, who holds 40
acres of land adjoining the town of Dewey. He says that one A. H. Norwood, who
represents himself as the agent for a certain Cherokee woman, is now selling town
lots on Gibson's land.
I, myself, am in receipt of a letter signed byTams Bixby, Commissioner in charge
of the Cherokee land office, dated August 31, 1903, stating that James S. Fuller, of
Fort Gibson, appeared before the Cherokee land office and claimed part of the lands
on which I hold improvements and which are included in the segregated lands.
This letter is similar to many sent out to various Delawares, but shows that the Com-
mission considers all the applications made by Cherokees on segregated lands to be
valid.
These Delawares are asking me, and I would like to know for my own information,
whether or not your Department has the means and power to protect these people in
their rights, and, if so, what further steps are necessary to procure such protection.
It seems to me a most remarkable situation that with a restraining order issued by
the supreme court of the District of Columbia in full force, and with such instructions
as I am informed your Department has forwarded to the Dawes Commission, they
should continue to act in open defiance and disregard of such order and instructions.
It is certainly an outrage upon the Delawares, who have taken all the steps that
seemed possible in their own behalf to protect themselves from these wrongs.
I respectfully request that the Department request the Indian agent to remove from
Mr. Gibson's land all persons objectionable to him, and likewise to instruct the
Dawes Commission to notify all parties who have made selections on the segregated
122 ALLOTMENT OF LANDS TO DELAWARE INDIAN'S.
lands that said selections have been canceled, and that no contests will be heard and
no filings made on the segregated lam Is until after the Supreme < lourt of the United
states shall have determined the rights of the Delaware Indians thereto.
Very respectfully,
Richard ( '. Adams.
Representing th Delaware Indians.
Exhibit A.
Department of the Interior,
Commission to the Five Civilized Trip.es.
Tahlequah, Ind. T., August 31, 1903.
R. C. Adams, Fori Gibson, Ind. T.
Dear Sip: On July 10, 1903, James S. Fuller, of Fort Gibson, Ind. T., appeared
before the Cherokee land office at Tahlequah, Ind. T., and selected in allotment for
his wife, Rosa L. Fuller, the S. * of the SW. \ of the NE. \ of sec. I, T. 15 N., R. 19
E., of the Indian meridian, containing 20 acres. It appears that you also claim the
above-described tract of land or a part thereof.
Section 69 of the act of Congress, approved July 1, 1902 (Public— No. 241), pro-
vides as follows:
"Sec. 69. After the expiration of nine months after the date of the original selec-
tion of an allotment by or for any citizen of the Cherokee tribe, as provided in this
act, no contest shall be instituted against such selection, and as early thereafter as
practicable patent shall issue therefor."
You are, therefore, hereby notified that you may appear at the Cherokee land
office at any time within nine months after the date of said selection and make appli-
cation for the above-described tract of land, or any part thereof claimed by you, and
file contest therefor if you so desire.
Respectfully, Tams Bixpv,
Commissioner in Charge, Cherokee Land Office.
No. 135.
Department op the Interior,
Washington, September 19, 1903.
Mr. Richard 0. Adams, Bond Building, Washington, J>. C.
Sir: The Department is in receipt of your communication of the 9th instant, pro-
testing against the action of the Commission to the Five Civilized Tribes in allowing
Cherokee to file on segregated Delaware lands, and requesting the Department to
instruct the Commission to notify all interested parties that such selections have been
canceled, and that no contests will be heard in the matter until after the United
States Supreme Court shall have determined the rights of the Dela wares to the seg-
regated lands.
You inclose a copy of a letter from the Commission to you, dated August 31, 1903,
advising you that James S. Fuller has filed on land claimed by you.
You are informed that your communication, with said inclosure, has been referred
to the Commission, with the request that a report be made in the matter.
Respectfully,
Tuos. Ryan, Acting Secretary.
No. 136.
Department of the Interior,
Washington, September 19, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: You are requested to makea report upon the inclosed communication
of Mr. Richard C Adams, dated September 9, 1903, protesting against the action of
your Commission in allowing Cherokee to file on segregated Delaware lands, and
requesting the Department to instruct you "to notify all parties who have made
selections on the segregated lands that said selections have been canceled, and that
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 123
no contest will be heard and no filings made on the segregated lands until after the
Supreme Court of the United States shall have determined the rights of the Delaware
Indians thereto."
Mr. Adams inclosed a copy of your letter of August 31, 1903, to him. advising that
James S. Fuller, of Fort Gibson, Ind. T., had filed on land claimed by him. Said copy
is also transmitted herewith.
Respectfully, Tims. Ryan, Acting Secretary.
No. i:'.7.
Department of the Interior,
Office of Indian Affairs,
Washington, October 10, 190-1.
The Secretary of the Interior.
Sir: Referring to Department letter of September 19, 1903, transmitting to the Com-
mission for report a communication from Richard C. Adams, dated Septemher 9,
protesting against the action of the Commission in allowing Cherokee to rile on
Delaware lands alleged to have been segregated, there is inclosed herewith a report
from the Commission, dated October 2, 1903, concerning this communication.
The Commission says that no filings have been made upon any lands in the alleged
Delaware segregation; that Cherokee claiming to own improvements on land within
such segregation have been permitted to make out formal application for the selection
of such lands, but that in no instances lias such selection been approved or filed as a
record by the Commission: that the notice which was sent to Air. Adams by the
Commission was sent through a mistake made in checking the land included within
the alleged Delaware segregation, as is shown by the Commission's letter of Septem-
ber .'!, L903, to the clerk in charge of the Cherokee land office at Tahlequah. The
letter referred to by the Commission is as follows:
"There is herewith returned to you, notice to 1;. C. Adams, Fort Gibson, Ind. T.,
which was sent to this office for signature. The land described in said notice is
embraced in the Delaware segregation and under the restraining order heretofore issued
by the supreme court of the District of Columbia, we can take no steps whatever
regarding land involved in this segregation.
'•The notice is therefore returned to you with a request that hereafter, before send-
ing out any notices of a similar nature, that your office make a careful examination of
the land embraced in any proposed notice for the purpose of ascertaining if the same
is embraced in this segregation.
"It is especially desired that no notices of any character affecting lands embraced
in the I >elaware segregation be sent out from the land office and, that no action what-
ever be taken affecting any of said laud."
The Commission also says that at the time the letter quoted was written to the
land office, the office at Muscogee had received from the office at Tahlequah two notices
to Mr. Adams, a copy of one of which Air. Adams inclosed with his letter; that these
notices were checked by clerks in the Muscogee office; that one of them was found
to embrace land in the segregation; that the notice sent to Mr. Adams was not prop-
erly cheeked and was permitted to go out; that it was a mistake and should never
have been sent out at that time. It is also stated that the office at Tahlequah was
directed on October 2 to notify James S. Fuller that he will not be permitted to file
upon the following-described land, to wit, the S. \ of the SW. ', of the NE. ',, sec. 1,
T. 15 N., R. 19 E., 20 acres, for the reason that it is within the alleged Delaware
segregation, and that —
"It does not appear that Mr. Adams has lost any rights by reason of said notice
being sent to him, nor would he have lost any rights had he remained quiet, for the
mistake would have been caught at the land office later in checking up."
It is noticed that the Commission states:
"No filings have been made upon any lands in the Delaware segregation so far, and
that the Commission has only permitted Cherokee claiming to own improvements
on land within this segregation to make out a formal application, but the same in no
instance have ever been approved or filed as a record by the Commission."
Section (i of the Cherokee agreement is as follows:
"The word select and its various modifications, as applied to allotments and home-
steads, shall be held to mean the formal application at the land office, to be estab-
lished by the Dawes Commission for the Cherokee Nation, for particular tracts of
land."
124 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
This section of the Cherokee agreement is identical with section 6 of the Choctaw
and Chickasaw supplemental agreement, and the Assistant Attorney-General, in his
opinion of September 3, 1903, said:
"When a selection lias been made, rights presumably vest."
However, by Department letter of October 6, L903, the Commission was directed
to "proceed at once to make such examination and investigation as will enable you
to determine what tracts should be added to said list and what tracts now embraced
therein should be excluded, care being taken to make the list cover the full quantity
of land To be segregated," and report the same to the Department for consideration.
All complaints can now - be investigated and passed upon by the Commission and the
Department upon their merits, and there is no reason why any land in the possession
of the Delawares should not be included in the list, or whyany land claimed by the
Cherokee should be included therein.
In view of the Department's instructions a discussion of the Commission's report is
believed to be unnecessary.
Very respectfully, W. A. Jones, Commissioner.
No. 138.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., October 2, 1903.
The Secretary of the Interior.
Sir: Receipt is acknowledged of departmental letter of September 19, 1903, in
which the Commission is requested to report upon the inclosed communication of
Mr. Richard C. Adams, dated September 9, protesting against the action of the Com-
mission in allowing Cherokee to file on segregated Delaware lands and requesting
the Department to instruct the Commission to notify all parties who have made
selections on the segregated land that said selections have been canceled and no
contests will be heard and no filings made on the segregated lands until after the
Supreme Court of the United States shall have determined the rights of the Delaware
Indians thereto. Also a copy of a letter from this Commission of August 31, 1903,
to Mr. Adams, advising that James S. Fuller, of Fort Gibson, Ind. T., had filed on
lands claimed by him.
In reply thereto, the Department is advised that no filings have been made upon
any lands in the Delaware segregation so far, and that the Commission has only per-
mitted Cherokee claiming to own improvements on land within this segregation to
make out a formal application, but the same in no instance has ever been approved
or filed as a record by the Commission.
Relative to the notice from the Commission which was sent to Mr. Adams, a copy
of which was inclosed with the letter of Mr. Adams, this notice was sent out through
a mistake made in checking the land included therein with the Delaware segregation,
as is shown by a letter of the Commission under date of September 3, 1903, to the
clerk in charge of the Cherokee land office at Tahlequah, End. T., Commissioner
Breckinridge being at this place at that time. Said letter is as follows:
"There is herewith returned to you notice to R. C. Adams, Fort Gibson, Ind. T.,
which was sent to this office for signature. The land described in said notice is
embraced in the Delaware segregation, and under the restraining order heretofore
issued by the supreme court of the District of Columbia we can take no steps what-
ever regarding land involved in this segregation.
"The notice is therefore returned to you with a request that hereafter, before send-
ing out any notices of a similar nature, that your office make a careful examination
of the land embraced in any proposed notice for the purpose of ascertaining if the
same is embraced in this segregation.
"It is especially desired that no notices of any character affecting lands embraced
in the Delaware segregation be sent out from the land office and that no action
whatever be taken affecting any of said land."
At the time this letter was written to the land office the office at Muscogee had
received from the office at Tahlequah two notices to Mr. Adams, a copy of one of
which being Mr. Adams's inclosure, and said notices were checked by clerks in this
office and one of them was found to embrace land in the segregation, but the notice
sent Mr. Adams was not properly checked and the notice was permitted to go out.
It was a mistake and should never have gone out at that time.
The land office at Tahlequah has this day been directed to notify Mr. James S.
Fuller that he will not be permitted to file upon this particular tract of land embraced
in the notice complained of by Mr. Adams, for the reason that the same is within
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 125
the Delaware segregation. It does not appear that Mr. Adams has los't any rights
by reason of said notice being sent to him, nor would he have lost any rights had he
remained quiet, for the mistake would have been caught at the land office later in
checking up.
The letter of Mr. Adams and his inclosure to the Department are herewith returned.
Respectfully,
Tams Bixby, Chairman.
(Through the Commissioner of Indian Affairs. )
No. 139.
Department of the Interior,
Washington, October 17, 1903.
Mr. R. C. Adams,
Bond Building, Washington, D. C.
Sir: The Department is in receipt of a communication from the Commissioner of
Indian Affairs, dated October 10, 1903, forwarding a report from the Commission to
the Five Civilized Tribes, dated October 2d, upon your letter of September 9th pro-
testing against the action of the Commission in allowing Cherokees to tile on lands
listed for the Delaware Indians in the Cherokee Nation, which was referred to said
Commission for report on September 19th, 1903.
The Commissioner closes his report by a quotation from departmental letter of
October 6, 1903, directing the Dawes Commission to proceed to make an examination
and investigation and report the list of tracts which should be segregated for the
Delawares to the Department for consideration. The Commissioner states:
"All complaints can now be investigated and passed upon by the Commission and
the Department upon their merits; and there is no reason why any land in the pos-
session of the Delawares should not be included in the list, or why any land claimed
by the Cherokees should be included therein."
Respectfully
Thcs. Ryan, Acting Secretary.
No. 140.
Washington, D. C, October 6, 1903.
The Secretary of the Interior.
Dear Sir: Inclosed I hand you copy of letter 1 have this day forwarded to the
Commission to the Five Civilized Tribes. AVe believe that we should be consulted
as to each and every tract of land that is in the list of our selections presented to the
Dawes Commission in December, 1902, which is disputed, and we believe we should
have a complete hearing as to our rights thereto. If there is any tract to which we
are not entitled, we are willing and ready to surrender our claims to it, but we believe
we should have a fair hearing in every case.
Yours, truly, Richard C. Adams.
Washington, D. C, October 6, 1903.
Commission to the Five Civilized Tribes.
Gentlemen: The Secretary of the Interior has advised me in person that he has
instructed your Commission to report as to what lands should be omitted from the
Delaware segregation, and what lands should be included therein. I desire, on
behalf of the Delaware Indians, to request that we be allowed to answer as to each
particular tract that is in dispute; that the complete record of the same be made and
transmitted with your report to the Secretary, before whom we can have a last
chance to present our side of the case.
Please notify me immediately at what time and place the contest will begin.
Yours, truly,
Richard C. Adams.
126 ALLOTMENT OE LANDS TO DELAWARE INDIANS.
No. 141.
Department of the Interior,
Washington, October 9, 1903.
Mr, Richard ( '. An \ms,
Bond Building, Washington, I>. C.
Sir: The Department is in receipt of yours of the 6th instant, inclosing a copy of
a letter addressed by you to the Commission to the Five Civilized Tribes. In said
letter to the Commission you state that you desire, on behalf of the Delaware
Indians, to be allowed "to answer as to such particular tract that is in dispute; that
the complete record of the same may be made and transmitted with your report to
the .Secretary, before whom we can have a last chance to present our side of the case."
A copy of the instructions to the Commission has been sent yon, and doubtless
there will be no difficulty in your being present or represented before the Commis-
sion when they proceed to consider the conflicting rights of parties to the tracts in
controversy, if you so desire. The Department, however, will not expect the Com-
mission to delay action on account of the absence of parties or attorneys represent-
ing them in respect of the disputed tracts. Prompt, efficient, and just action will be
expected of the Commission.
A copy of this letter has this day been sent to the Commission for its information.
Respectfully,
Thos. Ryan, Acting Secretary.
Xo. 142.
Department of the Interior,
Washington, October 1-:, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: There is inclosed herewith, for your information, copy of depart-
mental letter of the 8th instant to Mr. Richard C. Adams, this city, in reply to his
of the 6th instant, regarding his request to be represented before your Commission
when you proceed to consider the conflicting rights of parties to disputed tracts of
land in the Cherokee Nation.
Respectfully, Thos. Ryan, Acting Secretary.
No. 143.
[Telegram.
Tahlequah, October 1, 1903.
R. C. Adams,
1319 Columbia Road, Washington, D. C:
Can't get certificate till two weeks' notice posted in land office door, giving Chero-
kees permission to file on segregated Delaware land.
Carrie.
Note. — The above telegram filed with the Department bv R. C. Adams, October 12,
1903.
No. 144.
Washington, D. C, October 9, 1903.
The Secretary of the Interior.
Dear Sir: I am in receipt of your letter of October 7, transmitting copy of your
instructions to the Dawes Commission, requiring" them to investigate and determine
what lands are subject to segregation for the Delaware Indians. You further state
in these instructions "that the Commission can not substitute the judgment of the
Delaware Indians, or any of them, or anyone for them or any of them, for their own
judgment in this matter." I wish to call your attention to the fact that the Delaware-
Cherokee agreement provides that, "the selection of the lands to be purchased by
the Delawares may be made by said Delawares in any part of the Cherokee Reserva-
tion east of the said line of 96°, not already selected and in possession of other
parties." The agreement further provides that, "nor shall the continued ownership
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 127
and occupancy of said land by any Delaware so registered be interfere 1 with in any
manner whatever without his consent." The act referred to in your instructions to
the Dawes Commission — that is, the 23d section of the Cherokee allotment act—also
provides that the lands shall he selected by the Delawares and may include lands
improved and occupied by them.
We hold that the Delaware Indians are entitled to the right to select 157,600 acres
of land, whether improved and occupied by them or not, so long as the laud so selected
was not, at the time of the selection, improved and occupied by Cherokees. Or if
improved and occupied by Cherokees, and Delawares had purchased said improve-
ments, said Delawares had the right to select said lands. We hold and contend that
the Delaware Indians are entitled to the right to select 110 acres of average allottable
land for each member of the tribe, outside of and in addition to the 157,600 acres
segregated. And your Department has concurred with us in this contention so far
as to agree that we may hold, subject to the future determination of the suit now
pending, 110 acres of allottable land in addition to the 157,600 acres, provided that
the Delaware selecting the land is in actual possession of the same. We hold and
contend that the Delaware Indians have the right, through themselves or their rep-
resentatives, to designate what lands they select for segregation, and the Commission
only has the right to determine whether or not the land was in possession of some
Cherokee at the time the Delaware made the selection.
We insist upon being represented before the Commission and before the Depart-
ment, and on being fairly heard as to our contention for each particular tract of land
for which there may be adverse claims of any nature whatever. And we insist upon
a report being made in each case and that the attorneys for the Delawares be fur-
nished with a copy thereof and have an opportunity to answer, both before the
Dawes Commission and before your Department.
We insist that the Dawes Commission, both in their reports to the Department
and in a letter to K. S. Murchison, have misrepresented our rights to certain parts of
the land that was selected for the segregation. Out of the 27 allotments referred to in
the letter of July 21, 1903, to K. S. Murchison, setting forth particular tracts of land
that have heretofore been tiled upon by Cherokees and which tracts the Commission
states are said to belong to Cherokees who have valuable improvements thereon, we
rind, on a careful examination of the schedule, to be in every case tracts which have
long been occupied by Delawares and claimed by them, except two only, and these
two are not included in the segregation at all, and never have been claimed by
Delawares, so far as we know.
Surely the Commission has not thoroughly investigated this matter or they would
not have made such a report; they would not have stated that these two tracts were
included in the segregation if they had been careful enough to examine the list
closely, and they would not have given credence to the statement that no Delaware
owned the other tracts if they had given the Delawares a chance to be heard before
they made their report or acted in the matter.
For the last five years we have tried to get the Dawes Commission and the Depart-
ment to make the segregation of the Delaware lands, and the reply of the Commission
has been that all that was required of them was to set aside the lands selected by the
Delawares. The Department concurred in this view of the Commission, and so
stated to me in a letter dated April 8, 1901.
All the Delawares want is fair treatment at the hands of the Dawes Commission.
We have been put to large and unnecessary expense in defending our homes and our
rights, and the Delawares who have written to me feel, and apparently with good
reason, that they have but little hope of fair and impartial treatment from the Dawes
Commission and the Cherokee. The Commission should have no motive in pro-
tecting the rights of the Cherokee to the detriment of the Delawares, and we cer-
tainly do not ask them to give us anything to which we are not entitled. I can
name a large number of cases where filings have been made on lands of Delawares
who have owned their homes and improvements for many years, and whose rights
to the same have never been questioned, and are not questioned to-day except that
some Cherokee has set up a claim to the land, not because of owning any improve-
ments thereon, nor because of any right to it, but for reasons and motives unknown
to us.
I wish to be able to advise my people immediately of the true status of their affairs
and on what they can dependas to the course that will be pursued in the future
regarding their lands. They feel much discouraged, for everything that is done
apparently leaves them in a worse predicament than before.
For these reasons we request permission to appear before the Dawes Commission
at any sittings it may have for the purpose of finally determining what lands shall be
included in the Delaware segregation, and that a complete record and report may be
128 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
made of such proceedings in order that we may have the opportunity to file excep-
tions for review by your Department in case we shall consider that the segregation
is not made in accordance with the law and in full justice to the Delawares.
Yours truly,
Richard C. Adams.
No. 145.
Department of the Interior,
Washington, October 15, 1903.
Mr. Richard C. Adams,
Bond Building, Washington, I>. C.
Sir: The Department is in receipt of your communication dated October 9, 1903,
relative to the claims of the Delaware Indians, stating, among other things, that "all
the Delawares want is fair treatment at the hands of the Dawes Commission;" also
requesting "permission to appear before the Dawes Commission at any sittings it
may have for the purpose of finally determining what lands shall be included in the
Delaware segregation, and that a complete record and report may be made of such
proceedings, in order that we (you) may have the opportunity to tile exceptions for
review" by this Department, in case you consider that the segregation has not been
made in accordance with the law and in full justice to the Delawares.
It is evident that when your said letter was written you had not received depart-
mental letter of October 9, in response to yours of the 6ih instant, inclosing a letter
addressed by you to the Dawes Commission, asking to be allowed ''to answer as to
each particular tract that is in dispute, that the complete record of the case may be
made and transmitted with your (their) report to the Secretary, before whom we
(you) can have a last chance to present our side of the case."
In said letter you were advised that a copy of the instructions to the Commission
had been sent you, and "doubtless there will be no difficulty in your being present
or represented before the Commission when they proceed to consider the conflicting
rights of parties to the tracts in controversy, if you so desire. The Department will
not expect the Commission to delay action on account of the absence of parties or
attorneys representing them in respect of the disputed tracts. Prompt, efficient, and
just action will be expected of the Commission."
It is hardly necessary to assure you that the Department earnestly desires that its
every action shall be in strict accord with the principles of justice as to the rights of
both the Delawares and the Cherokees.
Respectfully, Thos. Ryan, Acting Secretary.
No. 14(5.
"Washington, D. C, October 26, 1903.
The Secretary of the Interior.
Sir: Kindly furnish me with copies of the following:
Departmental letter of September 28, 1903, to the Commission to the Five Civilized
Tribes, in regard to a letter from me respecting the Delaware lands.
Letter of September 28, 1903, I. T. D. 6798.
Departmental letter of October 7, 1903, to Mary Nairn, requesting to be advised
why all of the registered Delaware lands are not segregated.
Copy of report of the Commission to the Five Civilized Tribes of September 5,
1903, submitted with the Commissioner of Indian Affairs' letter of October 1, 1903.
Respectfully,
Richard C. Adams.
No. 147
Department of the Interior,
Washington, October 27, lf>03.
Mr. Richard C. Adams,
Bo)id Building, Washington, I). C.
Sir: In compliance with the request in your letter of the 26th instant, there are
inclosed herewith copies of the following letters:
Report of the Commisson to the Five Civilized Tribes, dated September 5, 1903,
upon a communication from Mary Nairn, of Coodys Bluff, Ind. T., regarding Dela-
ware segregation.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 129
Departmental letter ofSeptember 28, L903, to the Commission to the Five Civilized
Tribes, asking for report upon charges made by you, concerning the acceptance of
applications by the Commission, afterthe receipt of notice of the order of the supreme
court of the District of Columbia in the case of George Bullette et al. v. E. A. Hitch-
cock et al.
Departmental letter of October 7, 1903, to said Mary Nairn.
Respectfully,
No. 148.
Thos. Ryan, Acting Secretary.
Baltimore, October a, 1908.
Hon. Thomas Ryan,
Acting Secretary, Department of the Interior, Washington, I>. C.
My Deae Sir: I understood from your recent letter that I should receive within
a day or two after its date a commission either as "Special inspector " or " Special
supervisor;" as yet, however, it has not come to hand. The matter would not be
one of any consequence in itself, but, as I am about to write to the officials in the
Indian Territory affected by the statements of the Brosius report, and also by those
contained in other documents which I have received, I should like to sign the' Letters
with my proper title; although, as 1 think I stated to you, I have no preference
between the two suggested.
I was informed this morning that sonic expressions had fallen from Judge Ander-
son, and had been published, commenting upon the action of the Dawes Commission
in resuming the practice discontinued by reason of the temporary restraining order
in the case of the Delaware Indians immediately upon the dissolution of that order,
and also that some action had been taken by the Department in connection with the
same matter. These various incidents are said to have occurred either yesterday or
the day before, but I have seen no reference to them in such papers as I have read,
nor was anything said to me on the subject by the counsel of these Delaware Indians
who called upon me yesterday. If these matters are of any relevancy in connection
with the investigation intrusted to me, and the Department can give me any infor-
mation in the premises, I shall be much indebted.
I inclose you herewith an original paper which seems to have been overlooked
when I returned the others. It consists of a letter from one P. M. Clark, signing
himself as "Notary public," addressed to the Secretary of the Interior, reflecting
upon the town-site commission of Boswell, and inclosing a clipping about another
town-site commission in the town of Coalgate.
I remain, my dear sir, yours, most truly,
Charles J. Bonaparte.
Xo. 149.
Department of the Interior,
Washington, October ,", 1903.
Mr. Charles J. Bona carte,
Special Inspector for the Indian Service, Baltimore, Mil.
My Dear Sir: Referring to your letter of yesterday, I will state that your com-
mission, dated September 15, 1903, as special inspector for the Indian Service, will he
mailed you immediately upon the return of the Secretary — probably next Saturday.
Referring to that portion of your letter relative to the action of the Department and
the Dawes Commission under the restraining order in the case you refer to, I am
inclined to think you should have copies of the entire record in the Department on
the subject, inclusive of such as are pertinent to the matter of the segregation of the
Delaware lands, in order that you may have an intelligent view of the situation
regarding it; accordingly, the Department has in preparation such copies and will for-
ward the same to you at the earliest practicable moment, imparting to you all the
relevant information in the possession of the Department.
Immediately upon the return of the Secretary I think he may desire to call your
attention to town-site conditions in the Indian Territory, but 1 will not here attempt
to anticipate his action in the matter by any further reference to the subject.
It is highly probable that in the course of your investigations developments will
suggest the importance to you of information contained in the records of the Depart-
ment. In all such cases the Department will promptly and with pleasure furnish
you such information upon your request. In other words, the Department desires
8. Doc. 104 9
180 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
to impress upon you that all the records of the Department and all other informa-
tion in its possession pertinent to any inquiry relative to the investigation under your
charge arc subject to your use.
Respectfully, Tims. Ryan, Acting Secretary.
No. 150.
Department of the Interior,
Washington, October 10, 1908.
Mr. Charles J. Bonaparte,
216 St. Paul Street, Baltimore, Md.
Sir: In further reply to your letter of October 6, 1903, I have the honor to inclose
herewith a memorandum showing the action of the Department in the matter of the
segregation of Delaware lands under section 23 of the act of July 1, 1902 (32 Stat.,
716), to which reference is made in the opinion of the supreme court of the District
of Columbia in the case of ( reorge Bullette et al. v. Ethan Allen Hitchcock, Secretary
of the Interior, et ah, No. 23991.
Respectfully, Thos. Ryan, Acting Secretary.
October 10, 1903.
Memorandum of action of the Dan;* Commission and the Department in the matter of tht
segregation of lands claimed by the Delaware Indians under the provisions of section .'■<'
of the act of July /, 1902 {32 Stat, 716).
The Dawes Commission in its monthly report, dated October 9, 1902, of work per-
formed during the month of September, 1902, advised the Department that —
"On September 25, 1902, an order was promulgated, to the effect that on January
1, 1903, an office for the allotment of lands in the Cherokee Nation would be estab-
lished at Vinita, Ind. T., said office to be maintained there until April 30, 1903, and
then removed to Tahlequah, Ind. T., where it would be opened May 4, 1903, and
maintained indefinitely."
Said report was forwarded by the Commissioner of Indian Affairs on October 17,
1902, with the recommendation that it be approved. On October 20, 1902, the
Department addressed a letter to the Dawes Commission, stating that its report was
approved, without making any special reference to the statement concerning the
opening of the land office.
On April 18, 1903, Mr. R. C. Adams addressed a communication to the Secretary
of the Interior and the Commissioner of Indian Affairs, complaining of the action of
the Commission relative to the segregation of Delaware lands, copy of which is
inclosed, marked "Exhibit 1." Said letter was forwarded on April 28, 1903, by the
Acting Commissioner of Indian Affairs, with the recommendation that "the whole
matter be referred to the Commission for early report," and the letter and report
were referred to the Assistant Attorney-General for his opinion on Mav 4, 1903.
(See Exhibit 4.)
On April 20, 1903, the Commission made a report relative to its action in segregat-
ing 157,600 acres of land under section 23 of the act of July 1, 1902, a copy of which,
together with copies of its exhibits, is inclosed herewith, marked " Exhibit 2."
On April 30, 1903, the Acting Commissioner of Indian Affairs forwarded the Com-
mission's report above referred to with his letter, a copy of which is inclosed, marked
" Exhibit 3."
On May 4 the Department referred the matter to the Assistant Attorney-General
in a letter, a copy of which is inclosed, marked "Exhibit 4."
On June 1 the complainants in said case No. 23991 filed a bill, a copy of which is
inclosed, marked " Exhibit •">."
On June 1 the Department referred to the Assistant Attorney-General letter of
Richard C. Adams, dated Mav 27, 1903, copies of both letters herewith, marked
"Exhibit .5£."
June 2 the supreme court of the District of Columbia granted a restraining order
until after final hearing, which was fixed for the 19th day of June, copy herewith,
marked " Exhibit 6."
On June 6 Mr. R. C. Adams addressed a letter to the President complaining of the
action of the Dawes Commission relative to allowing applications upon the lands
claimed to have Ween segregated, copy of which is inclosed, marked "Exhibit 7."
On June 8 the chairman of the Commission addressed a communication to the
Secretary in response to said letter. (Copy inclosed, marked "Exhibit 8.")
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 131
On July 21 the Department received a communication in the nature of a memo-
randum, dated July 18, 1903, from Mr. George S. Chase, one of the attorneys for
the Delawares, complaining of the action of the Commission in receiving applications
for lands claimed to have been segregated for the Delawares. (Copy of said letter
is inclosed, marked "Exhibit 9.")
On July 21 the Department sent a telegram to the chairman directing the Com-
mission to suspend all action on applications for Cherokee allotments received prior
to the suit, and not to receive or act upon any later applications until so directed,
and to report facts. (Copy inclosed, marked "Exhibit 10.")
July 22, the Commission wired the Department that the Commission had resolved
" that Cherokee citizens not of Delaware blood occupying lands embraced in the
Delaware segregation shall be permitted to make application for such lands," and
claimants might institute contest proceedings. (Copy of said telegram is inclosed,
marked " Exhibit 11.")
< )n the same day the Department wired the chairman of the Commission ' ' to receive
no applications for Cherokee allotments under the resolutions adopted by the Commis-
sion June 30." (Copy herewith, marked "Exhibit 12.")
On the same day the Department, referring to said telegram, addressed a letter to
the Commission, in which it is stated: "Independently of any strict construction of
the restraining order herein, the policy of the Department in such cases is always to
suspend all action which will in any way affect the matters complained of until such
time as they may be passed upon by the court wherein the suit is instituted." (A
copy of said letter is inclosed, marked "Exhibit 13.")
On the same day the Department received telegram from Commissioner in Charge
Needles, stating that Commission has no notice or information of the restraining
order referred to in departmental telegram of July 21. (Copy of said telegram is
inclosed, marked "Exhibit 14.")
Under date of September 17 the Commissioner of Indian Affairs submitted a letter
of said Adams, dated September 14, relative to injuries claimed to have been perpe-
trated upon the Delaware Indians now residing in the Indian Territory. (Copy of
said letter inclosed, marked "Exhibit 15.")
The original of said letter was referred to the Commission to the Five Civilized
Tribes on September 28 for full report. (Copy herewith, marked " Exhibit 16.")
On September 28 the Department wired the chairman of the Dawes Commission
that the injunction had been refused and the temporary restraining order had been
discharged by Judge Anderson that morning. (Copy herewith, marked "Ex-
hibit 17.")
On October 2 the Department wired the Commission not to receive applications
for allotments in the Cherokee Nation until further directed, and letter will follow 7 .
(Copy herewith, marked "Exhibit 18.")
On the same day the Department received a letter from Mr. Richard C. Adams,
requesting copies of certain letters. (A copy of his letter inclosed, marked "Ex-
hibit 19." )
On October 3, 1903, the Department complied with Adams's request of the 2d.
(Copy of said departmental letter is inclosed, and, together with copies of the letters
therein referred to, is marked "Exhibit 20.")
I )n ( tctober 6 the formal decree in said case No. 23991 was entered by the judge.
(Copy herewith, marked "Exhibit 21.")
On the same day, October 6, the Department sent a letter of instructions to the
Dawes Commission relative to its duty concerning the segregation of the Delaware
lands. (Copy herewith, marked " Exhibit 22." )
( Ictober 7 the Department transmitted to Richard C. Adams copy of departmental
letter of October 6, L903, sent to the Commission to the Five Civilized Tribes, rela-
tive to the segregation of lands in the Cherokee Nation for the Delaware Indians.
(Copy of said letter to Adams herewith, marked "Exhibit 23." See "Exhibit 22." )
<>n October 7 the Department received a letter from Richard C. Adams, dated
( Ictober 6, 190:;, in regard to what lands should be omitted from the Delaware segre-
gation, and requesting to be allowed to answer as to each particular tract in dispute,
and inclosing copy of a letter addressed by him to the Dawes Commission regarding
the same matter. (Copies of both letters inclosed, marked " Exhibit 24.")
On (ictober 9 the Department replied to Adams's letter of the 6th, advising him
that there would be no difficulty in his being represented before the Commission if
he so desired, but that the Department would not expect the Commission to delay
action on account of the absence of parties or attorneys representing them in respect
of the disputed tracts. (Copy of said departmental letter inclosed, marked "Exhibit
25.")
A copy of petition in the Court of Claims (No. 24067) of the Delaware Indians v.
The United States is herewith inclosed, marked " Exhibit 26."
132 ALLOTMENT OF LANDS TO DELAWARE TNDTANS.
No. 151.
Department of the Interior,
Washington, October IS, 1903.
The Commissioneb of Indian Affairs.
Sir: The Department is in receipt of your reporl dated October 8, 1903, transmit-
ting a petition of Isaac Secondine and others, relative to the segregation of Delaware
lands in the Cherokee Nation. You state that your office is not advised " of what
action the Department proposes to now take" in reference to the segregation of said
lands.
Your attention is invited to departmental letter of October 7, 1903, inclosing for
your information copy of departmental letter of < >ctober 6, 1903, sent to the Commis-
sion to the Five Civilized Tribes, furnishing your office information relative to the
proposed action of the Department.
Respectfully, Tuos. Ryan, Acting Secretary.
No. 152.
Department of the Interior,
Commission to the Five Civilized Tribe?,
Muscogee, Tnd. T., September 17, 1903.
The Secretary of the Interior.
Sir: There is herewith inclosed for the information of the Department a petition
of Isaac Secondine et al. relative to the condition of certain lands held by Delaware
Indians in the Cherokee Nation.
In this connection the attention of the Department is invited to the report of the
Commission of September 5, 1903, wherein the matters complained of in this petition
are fullv set forth.
Respectfully, Tams Bixby,
Chairman.
(Through the Commissioner of Indian Affairs.)
No. 153.
Department of the Interior,
Commission to the Five Civilized Tribes.
Muscogee, Tnd. T., September 26, 1903.
The Secretary of the Interior.
Sir: I have the honor to acknowledge receipt of departmental letter of September
22, in which is returned letter of Hon. Green McCurtain, which was inclosed by mis-
take in the Commission's letter of the 17th instant.
Inclosed herewith find the petition of Isaac Secondine et al., relative to the con-
dition of certain lands held by Delawares in the Cherokee Nation, which should have
been transmitted with the Commission's letter of the 17th instant.
Respectfully,
Tams Bixby, Chairman.
(Through the Commissioner of Indian Affairs.)
Nowata, Ind. T., Augusts, 1903.
The Dawes Commission.
Gentlemen: We, the undersigned registered Delawares, respectfully request that
von segregate our lands as required by the treaty between the United States and the
Cherokees, adopted on or about the 6th day of August, 1902.
Our reasons for the request are as follows": First. The law requires it. Second. It
is necessaryfor our protection.
It is necessary for our protection, because the Delawares are not allowed to file on
their land till a suit now pending in the Supreme Court is decided, while others are at
liberty to file on our land, which has already been done in several instances, and
the only redress we have is to begin a contest which is expensive, and which some
of us are not able to do.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 133
It is further necessary for our protection because it is asserted, we believe with truth,
that an attempt will be made to compel us to take lands from among lands already
segregated, far from our homes, and which would be a great injustice to us.
It is also necessary because much land has been segregated, and thus withheld
from allotment, that never belonged to the Delawares, and was segregated for specu-
lative purposes, thereby keeping many oi the Delawares, who have an insufficient
amount of land, from yetting their private share.
Respectfully submitted. Isaac Secondine.
Jas. Randall.
L. T. Estes.
C. E. Bratcher.
Luella C. Roberts.
Bex Connor.
Leander Hicks.
Frank Randall.
Mary Weaver.
Julia Hall.
Maky Nairn.
[Telegram.]
Muskogee, Ind. T., October 9, 1903.
To Secretary of Interior, Washington, D. C.
Departmental instructions concerning Delaware segregation and Cherokee allot-
ments cause much embarrassment and will occasion long delay, large increase of
expense, and great hardship upon the Cherokee people and Delawares. it is thought
that the Department is not fully informed as to many important features. We 1 »elieve
a simple and practical solution can be arrived at after full personal discussion, and
we urgently request that Chairman Bixby and W. T. Hutchings, attorney for the
Cherokee Nation, be immediately called to Washington for conference.
Bixby, Chairman,
Needles,
Breckenridge,
( 'ommissioners.
W. T. IIctciiixs,
Attorney for Cherokee Nation.
No. 154.
Department of the Interior, Office of Indian Affairs,
Washington, Octobers, 1903.
The Secretary of the Interior.
Sir: September 17, 1903, the Commission to the Five Civilized Tribes made a
report, in which it was stated that there was inclosed therewith the petition of Isaac
Secondine et al., relative to the condition of certain lands held by Delaware Indians
in the Cherokee Nation. The petition was not received with the Commission's report,
and on September 22 it was requested to forward the same. The office is now in
receipt of the Commission's report of September 26, 1903, transmitting the petition
mentioned. The report and petition are inclosed herewith.
The petition is signed by Isaac Secondine and ten other persons. It is as follows:
" We, the undersigned registered Delawares, respectfully request that you segregate
our lands as required by the treaty between the United States and the Cherokee,
adopted on or about the 6th day of August, 1902.
"< >ur reasons tor the request are as follows: (1) The law requires it; (2) it is nec-
essary for our protection.
"It is necessary for our protection, because the Delawares are not allowed to tile
on their land till a suit now pending in the Supreme Court is decided, w,hile others
are at liberty to rile on our land, which lias already been done in several instances,
and the only redress we have is to begin a contest, which is expensive and whieb
some of us are not able to do.
"It is further necessary for our protection because it is asserted, we believe with
truth, that an attempt will be made to compel us to take lands from among lands
already segregated far from our homes, and which would be a great injustice to us.
184 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
"It is also necessary because much land 1ms been segregated, and thus withheld
from allotment, that never belonged to the Delawares, and was segregated for spec-
ulative purposes, thereby keeping many of the Delawares, who have an insufficient
amount of land, from getting their pro rata share."
The office has informal information that the injunction proceedings broughl by
George Bullette and others, in the supreme court of the District of Columbia, was
decided adverse to (lie contention of the petitioners. It is not advised whether the
petitioners are going to take an appeal from this decision, or of what action the
Department proposes to take, and the Commission's two reports and the petition are
respectfully submitted.
Very respectfully,
W. A. Jones, Commissioner.
No. 155.
[Telegram ]
Muscogee, Ind. T.. October 9, 1903.
To Secretary of Interior,
Washington, I>. < '.:
Departmental instructions concerning Delaware segregation and Cherokee allot-
ments cause much embarrassment and will occasion long delay, large increase of
expense, and great hardship upon the Cherokee people and Delawares. It is thought
that the Department is not fully informed as to many important features. We
believe a simple and practical solution can be arrived at after full personal discus-
sion and we urgently request that Chairman Bixby and W. T. Hutchings, attorney
for the Cherokee Nation, be immediately called to Washington for conference.
Bixby,
Chairman.
Needi.ks,
Breckinridge,
( 'ommissioners.
W. T. Hutchixos.
Attorney for Cherokee Sutton.
No. 156.
[Telegram.]
Washington, October 10, 1903.
Bixrv, Chairman,
Muscogee, Ind. T.:
Answering telegram 9th instant, you are directed to report to this city for confer-
ence. Department does not feel warranted in directing Hutchings to come, but has
no objection to his coming if he desires.
Tuos. Ryan, Acting Secretary.
No. 157.
Department of the Interior.
Office of Indian Affairs,
Washington, November 2, 1903.
The Secretary of the Interior.
Sir: Referring to regulations of .May 4, L903, governing the leasing of lands in the
Cherokee Nation for mineral and other purposes, and to the Delaware controversy, I
have the honor to advise you that there are now pending before this office about
24 leases covering lands in the Cherokee Nation. Unless otherwise directed, none
of these leases will be forwarded until the Delaware lands have been segregated,
except three in favor of the Cudahy Oil Company, which will he transmitted mr the
purpose of laying before the 1 tepartment all of the leases transmitted by the inspector
with his report of August 29, which was forwarded to the Department October 12.
As the supreme court of the District of Columbia has held that Delaware lands
have not been segregated, it is believed that Agent Shonfelt should be instructed not
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 135
to forward any more Cherokee leases until the land shall have been segregated as
required by law, as he and the inspector, as a general rule, forward such leases with
recommendation that they be approved.
If the Department concurs in this suggestion, it is recommended that the "Hire be
authorized to instruct the agent by wire in accordance therewith.
Very respectfully,
\V. A. Jones, Commissioner.
No. 158.
[Telegram.]
Washington, November .', 1903.
United States Indian Inspector for Indian Territory,
Muscogi e, Ind. T.:
You will direct the United States Indian agent not to receive or transmit anymore
leases in the Cherokee Nation until the Delaware lands are segregated by the Dawes
Commission, under section 23, act of July 1, 1902.
E. A. Hitchcock, Secretary.
No. 159.
Department ok the Interior,
Washington, November .', 1903.
The Commissioner of Indian Affairs.
Sir: The Department is in receipt of your communication dated November 2, 1903,
recommending that the United States Indian agent for Union Agency be instructed
not to forward any more Cherokee leases until the lands shall have been segregated.
You are advised that the Department has, prior to the writing hereof, wired the
United States Indian inspector for Indian Territory as follows:
"You will direct the United States Indian agent not to receive or transmit any
more leases in the Cherokee Nation until the Delaware lands are segregated by the
Dawes Commission under section 23, act of July 1, 1902."
The Department concurs in your suggestion to retain in your office leases covering
lands in the Cherokee Nation until the segregation of the Delaware lands, except the
three in favor of the Cudahy Oil Company.
.Respectfully, E. A. Hitchcock, Secretary.
No. 160.
Department of the Interior, Office of Indian Affaiks,
Washington, November 12, 1903.
The Secretary of the Interior.
Sir: There is inclosed herewith a report, dated October 20, 1903, from the Com-
mission to the Five Civilized Tribes, concerning the work performed by the Com-
mission during the month of September.
It is shown that in the Choctaw Nation 1,366 allotments, aggregating 280,339
acres, have been made, and in the Chickasaw Nation 1,325 allotments have been
made, aggregating 190,811 acres. In the Cherokee Nation 1,473 applications for
allotments were received, 1,277 of this number being made by persons who had not
previously appeared at the land office. There were 1,013 allotments approved, and
the approval of 460 were withheld for reasons as follows: Two hundred and seventy-
two because the enrollment of the applicants was not finally approved by the Depart-
ment; 51 because the land applied for had already been allotted: and 137 for mis-
cellaneous causes. The Commission says that the total area allotted in the Chero-
kee Nati< >n during the month of September was 97,265.94 acres, valued at §313,064.27.
i >ctober 7, 1903, the Department instructed the Commission to suspend all allotment
work in the Cherokee Nation until further directed, and also gave the Commission
certain instructions concerning the segregation of the Delaware lands.
136 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
There are pending in this Office citizenship cases, as follows:
Mississippi Choctaw n ' '-
Choctaw 28
Chickasaw _8
Cherokee °1
Creek 17
Cherokee freedmen "1
Creek freedmen 3
Total 290
There are no land contests pending before this Office.
Very respectfully,
\V. A. Jones, Commissioner.
No. 161.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., October 20, 190S.
The Secretary of the Interior.
Sir: We have the honor to submit herewith the following statement of the work
of the Commission to the Five Civilized Tribes for the month of September, 1903:
Cherokee allotment division. — During the month of September fii4 tickets of admis-
sion to the Cherokee land office were issued, 96 of which were issued to full-blood
Cherokees, making a total of 11,700 tickets issued to the close of the month.
There were also issued 352 citizenship certificates, embracing the names of 808 per-
sons, and 161 reservation certificates, embracing 249 persons.
Applications for 1,47:! allotments were received during the month. Of this num-
ber 1,277 were made by .persons who had not previously appeared at the land office,
while the remainder were made by persons who had theretofore selected a portion
of their allotments. Of the number of allotments made 1,013 were approved, the
approval of 460 being withheld for the following reasons: 272 because the enrollment
of the applicants had not been finally approved by the Secretary of the Interior; 51
because the land applied for had already been allotted, and 137 for miscellaneous
causes.
The land allotted during the month of September aggregates 97,265.94 acres, valued
at $313,064.27.
There have been prepared during the month 2,000 allotment and 2,000 homestead
certificates, which have been executed by the Commission and mailed to the allottees,
Allotment-contest division. — The progress of the work in the allotment-contest divi-
sion during the month of September and the condition of contested allotment cases
at the close of the month are shown by the following detailed statement:
Cherokee Nation, total 525
The condition of the 458 Cherokee cases pending before the Commission on
September 30, 1903, was as follows:
Total 458
Respectfully submitted.
Tams Bixby, ( 'hairman.
T. B. Needles, Commissioner.
c. B. Breckinridge, Commissioner.
W. E. Stanley, Commissioner.
(Through the Commissioner of Indian Affairs.)
No. 162.
Department of the Interior, Office of Indian Affairs,
Washington, November 19, 1903.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith report of the Commission to the Five
Civilized Tribes, of the 9th instant, giving a statement of the work of the Commission
for the month of October, 1903.
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 137
In this connection permit me to say that there are now pending in this Office citi-
zenship cases as follows:
Mississippi Choctaws 89
Choctaws 28
Chickasaws 8
Oherokees 51
Creeks 17
Creek freedmen 3
Cherokee freedmen 71
There are three land contests pending in the Office.
Very respectfully,
W. A. Jones, Commissioner.
No. 163.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Tnd. T., November 5, 1903.
The Secretary of the Interior.
Sir: We have the honor to submit herewith the following statement of the work
of the Commission to the Five Civilized Tribes for the month of October, 1903.
( 'In roh e allotment division. — During the month of October 161 tickets of admission
to the Cherokee land office were issued, 22 of which were issued to full-blood Indians,
making a total of 11,861 tickets issued to October 31, 1903.
In accordance with departmental instructions of October 5, the Cherokee land
office was closed to the public on October 7, and so remains.
Seventy-eight citizenship certificates, embracing 164 persons, and 37 reservation
certificates, embracing 59 persons, were issued during the month.
Applications for 276 allotments and homesteads were made during the month, in
which, were embraced the original applications of 246 persons, the remainder being
the applications of persons who appeared to complete their original selections. Of
the number of applications received 188 were approved, the approval of 98 being
withheld for various causes. The lands allotted during the month of October aggre-
gate 20,884.36 acres, valued at $62,288.98.
Since the close of the office to the public the employees have been constantly at
work upon certificates of allotment and homestead certificates, and have completed
the writing and verification of certificates for all allotments made since the opening
of the office. The homestead and allotment certificates are written up preparatory
to their issuance whenever such action may be authorized, and the office has made
considerable progress in classifying and checking up the data relating to segregated
Delaware land preparatory to such steps with reference thereto as may be necessary
in as prompt compliance as possible with departmental instructions.
Allotment contest division. — The progress of the work in the allotment contest divi-
sion during the month of October, and the condition of contested allotment cases at
the close of the month, as indicated by the records of that division, are shown by the
following detailed statement:
*******
Cherokee Nation :
Contests instituted prior to October 1 521
Complaints received during October 46
Complaints returned for correction during October 7
Contests instituted during October 39
Total number i >f contests instituted to ( >ct< >1 >er 31 560
Contests disposed of prior to October 1 63
Contests disposed of during October 00
( iontests pending before Commission October 31 496
Contests pending on appeal October 31 1
Total 560
138 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
The condition of the 496 Cherokee cases pending before the Commission on
( >ctober 31 was as follows:
Under advisemenl 42
A waiting further action of parties LI
I 'niter advisement on motion •">
Awaiting final determination of citizenship L75
Involved in Delaware segregation 10
Awaiting issuance of notice and summons 253
Total ' 496
The case pending on appeal on October 31 was waiting for time to expire for
filing reply to appeal.
By reason of Department telegram of October 2, 1903, directing the Commission
not to receive or act upon applications for allotments of land in the Cherokee Nation
until further directed, all work in Cherokee allotment contest cases was suspended
on October 7, 1903.
*******
Respectfully submitted.
Tams Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
(Through the Commissioner of Indian Affairs. )
No. 164.
Department of the Interior,
Washington, November 23, 1903.
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of your report dated November 9, 1903,
giving a statement of the work of your Commission for the month of October, 1903.
Inclosed is a copy of letter of the Commissioner of Indian Affairs, dated November
19, 1903, transmitting said report.
Respectfully, Thos. Ryan, Acting Secretary.
No. 165.
Department op the Interior, Office of Indian Affairs,
Washington, November 19, 1903.
The Secretary of the Interior.
Sir: I have the honor to transmit herewith report of the Commission to the Five
Civilized Tribes, of its work for the month of August, 1903, which had been delayed
in preparation until the present time.
Very respectfully, W. A. Jones, Commissioner.
No. 166.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., November 10, 1903.
The Secretary of the Interior.
Dear Sir: We have the honor to submit herewith the following statement of the
work of the Commission to the Five Civilized Tribes for the month of August, 1903.
*******
Cherokee allotment division.— During the month of August, 1903, 816_ tickets of
admission to the Cherokee land office were issued, 145 being issued to full bloods.
This makes a total of 11,186 tickets issued since the opening of the Cherokee land
office.
Applications of all kinds by 1,688 persons for allotments and homesteads were
received during the month, this number includes the original applications of 1,329
persons, the remainder being the applications of persons who had previously selected
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 139
a portion of their allotments and returned to complete their selections. Of the num-
ber of applications for allotments made, 1,059 were approved by the Commission, the
approval of 529 being undetermined claims or withheld for various causes.
The total acreage of the land allotted at the Cherokee land officeduring the month
is 106,651.54 acres and the valuation thereof $352,865.24.
During the month 1,500 allotment and 1,500 homestead certificates have been
written and verified.
Allotment context division. — The progress of the work in the allotment contest divi-
sion during the month of August, and the condition of allotment contest cases at the
close of the month, as indicated by the records of that division, are shown by the
following statement:
*******
Cherokee Nation:
( 'ontests instituted prior to August 1 291
Complaints received during August 75
Complaints returned during August 10
Contests instituted during August 65
Total number of contests instituted up to and including August 31 356
Contests disposed of prior to August 1 5
( 'ontests disposed of during August 37
Contests pending before the Commission August 31 314
Total 356
The condition of the 314 Cherokee contest cases pending before the Commission
on August 31 was as follows:
Set f< »r trial 40
Under advisement 43
Awaiting further action of parties 9
Awaiting final determination of citizenship 100
Involved in Delaware segregation 9
Awaiting issuance of notice and summons 113
Total 314
*******
Respectfully submitted.
[Through the Commissioner of Indian Affairs.)
TAMS Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
No. 167.
Department of the Interior,
Washington, November 28; 1903,
The Commission to the Five Civilized Tribes.
Gentlemen: The Department is in receipt of your report dated November 10, 1903,
giving a statement of the work of your Commission for the month of August, 1903.
Inclosed is a copy of letter of the Commissioner of Indian Affairs, dated November
19, 1903. transmitting said report.
Respectfully, Thos. Ryan, Acting Secretary.
No. 168.
Department of the Interior, Office of Indian Affairs,
Washington, December //, 1903.
The Secretary of the Interior.
Sir: I have the honor to forward a report of the Commission to the Five Civilized
Tribes, dated the 14th instant, giving details relative to the work of the Commission
during the month of November, 1903.
140 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
There are now pending in this office the following citizenship cases:
Mississippi Choctaw L35
Choctaw by bl 1 9
( Jherokee by blood 37
( !herokee freedmen 44
Creeks 1 »y 1 >lo< "1 18
; Jreek freedmen 3
Very respectfully,
\V. A. Jones, Commissioner.
No. 169.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. T., December 14, 1903.
The Secretary op cue Interior.
Sir: We have the honor to transmit herewith the following statement of the work
of the Commission to the Five Civilized Tribes for the month of November, 1903.
*******
Cherokee allotment division. — During the month of November 39 tickets of admis-
sion to the Cherokee land office were issued, 6 of which were issued to full-blood
Indians, making a total of 11,881 tickets issued to November 30, 1903.
All proceedings looking to the allotment of land in the Cherokee Nation having
been suspended, under instructions from the Interior Department of October <>, 1903,
no applications for allotment were received during this month.
The total area of land in the Cherokee Nation heretofore applied for has been com-
puted, and is found to he 1,055,892.07 acres, valued at $3,573,369.37, and in addition
to this work the employees of this division have continued at work accumulating and
classifying data in anticipation of such plan as may be adopted relative to the correc-
tion of what is at present known as the Delaware segregation.
Two special field parties were sent out from this office to complete the platting
of improvements upon land in the neighborhood of Bartlesville and Vinita, both
thickly settled communities. These parties were in the field about two weeks and
located and platted improvements on 31 sections in several townships near Vinita, 61
full and 12 fractional sections in several townships near Bartlesville, and !) sections
in different localities elswhere. This completes the platting of improvements for all
that part of the Cherokee Nation in which it has been deemed desirable to do such
work.
Allotnn ut contest division. — The progress of the work in the allotment contest divi-
sion during the month of November, and the condition of allotment contest cases at
the close of the month, indicated by the records of that division, are shown by the
following detailed statement:
*******
Cherokee Nation. — No work in connection with allotment contests was accomplished
during the month of November, this work having been suspended in accordance
with departmental telegram of October 2, 1903, referred to in the report for Octo-
ber. The employees in that division were, however, constantly employed upon enroll-
ment work. The following statement regarding Cherokee allotment contests is
therefore practically the same as that contained in the report for October.
Contests instituted prior to November 1 560
Contests instituted during November
Total number of contests instituted up to and including November 30 560
Contests disposed of prior to November 1 63
Contests disposed of during November
Contests pending before the Commission November 30 496
('( mtests pending on appeal on N< ivember 30 1
Total 560
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 141
The condition of the 496 Cherokee cases pending before the ( lommission on Novem-
ber 30 was as follows:
Under advisement , 42
Awaiting further action of parties 11
Under advisement on motion 5
A waiting final determination of citizenship 175
Involved in Delaware segregation 10
Awaiting issuance of notice and summons 253
Total 496
The case pending on appeal on November 30 was waiting for time to expire for fil-
ing reply to appeal.
*******
Respectfully submitted .
Tams Bixby, Chairman.
T. B. Needles, Commissioner.
C. R. Breckinridge, Commissioner.
(Through the Commissioner of Indian Affairs. )
No. 170.
Department of the Interior,
Washington, December 29, 1903.
The Commisson to the Five Civilized Tribes,
Muskogee, Ind. T.
Gentlemen: The Department is in receipt of your report dated December 14, 1903,
giving a statement of the work of your Commission for the month of November, 1903.
Inclosed is a copy of the letter of the Commissioner of Indian Affairs, dated Decem-
ber 22, 1903, transmitting said report.
Respectfully, Thos. Ryan, Acting Secretary.
No. 171.
Department ok the Interior, Office of Indian Affairs,
Washington, January 12, 1904.
The Secretary of the Interior.
Sir: Referring to previous correspondence concerning the Delaware segregation, I
have the honor to transmit herewith a report from the chairman of the Commis-
sion to the Five Civilized Tribes, dated January 6, 1904, transmitting a report of the
Commission, dated December 31 last, relative to this subject. The Commission's
report is in triplicate, as are also the different schedules. One copy of the Com-
mission's report has heretofore been furnished the Department informally. The
report and schedules, together with all of the previous correspondence relating to this
subject, have been carefully considered, and I can not recommend the approval of
the schedules. Said report and schedules are therefore transmitted for such action
as the Department may he pleased to take in the premises. One copy of the Com-
mission's report of December 31, 1903, has been retained by the office. All of the
other papers received with the chairman's report of January ti. except the copy of
the Commission's report informally furnished the Dejsartment, are inclosed herewith.
Very respectfully,
W. A. Jones, Commissioner.
No. 171'.
Department of the Interior,
Commission to the Five Civilized Tribes,
Muscogee, Ind. 7'., January 6, inn.; (4).
The Secretary of the Interior.
Sir: There is transmitted herewith a report and recommendation, as called for
in Departmental letter of October 6, 1903, in regard to the Delaware segregation,
together with the exhibits referred to in the report.
142 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
There is also transmitted an extra copy of the report and exhibits for the use of
Mr. Boneparte in ease the Department deems it desirable to furnish him with such
copies, he having made inquiries when here as to tins particular matter.
Respectfully,
Ta.ms Bixby, Chairman.
(Through the Commissioner of Indian Affairs. )
No. 173.
Muscogee, Ind. T., December 31, 1908.
The Secretary of the Interior.
Sir: We have the honor to transmit herewith a list < if lands of the Cherokee Nation
constituting the Delaware segregation, which lands the Commission has caused to he
so segregated in accordance with section 23 of the act known as "An act to provide
for the allotment of the lands of the Cherokee Nation, for the disposition of town
sites therein, and for other purposes" (Pub. Doc. 241), approved by the President
July 1, 1902, and ratified by the Cherokee Nation August 7, 1902, and commonly
referred to as the last Cherokee agreement.
This is amendatory or in lieu of any other list or data that this Commission has
heretofore adopted or considered for this segregation.
We also send you certain accompanying papers, which will be more definitely
referred to later on in this communication.
The Commission deems it necessary to make a full report upon this matter, not
only because of its general importance, but also because of the gradual but ultimately
complete revelation of the extraordinary character of the list of lands, 157,604.66
acres in extent, presented to the Court of Claims by counsel for the Delawares, and
subsequently accepted by this Commission as a segregation for the Delawares, and of
the still subsequent proceedings of said counsel in connection therewith.
The document referred to provided by its terms for the correction of wrongs and
errors, but when evidence appeared of glaring wrong, amendment and even investi-
gation were bitterly opposed by said counsel; unsustained and inadequate denials
have been made, novel and astonishing doctrine has been advanced, and the whole
matter has become revealed as the most ingenious, persistent, and comprehensive
scheme, under a pretext of law, to hold land for personal benefit and contrary to
law, and to appropriate the lawful holdings of others without their knowledge or
consent, that the Commission has yet come in contact with.
The law and instructions under which the Commission has made this segregation,
are as follows:
Section 23 of the last Cherokee agreement, previously referred to, provides that —
"All Delaware Indians who are members of the Cherokee Nation shall take lands
and share in the funds of the tribe, as their rights may be determined by the judg-
ment of the Court of Claims, or by the Supreme Court, if appealed, in the suit insti-
tuted therein by the Delawares against the Cherokee Nation, and now pending; but
if said suit be not determined before said Commission is ready to begin the allotment
of lands of the tribe as herein provided, the Commission shall cause to be segregated
one hundred and fifty-seven thousand six hundred acres of land, including lands
which have been selected and occupied by Delawares in conformity to the provisions
of their agreement with the Cherokees, dated April eighth, eighteen hundred and
sixty-seven, such lands so to remain, subject to disposition according to such judg-
ment as may be rendered in said cause; and said Commission shall thereupon proceed
to the allotment of the remaining lands of the tribe as aforesaid. Said Commission
shall, when final judgment is rendered, allot lands to such Delawares in conformity
to the terms of the judgment and their individual rights thereunder. Nothing in
this act shall in any manner impair the rights of either party to said contract as the
same may be finally determined by the court, or shall interfere with the holdings of
the Delawares under their contract with the Cherokees of April eighth, eighteen
hundred and sixty-seven, until their rights under said contract are determined by
the courts in their suit now pending against the Cherokees, and said suit shall be
advanced on the dockets of said courts and determine! 1 at the earliest time practicable."
The instructions of the Department, and the steps heretofore taken by the Com-
mission in regard to making the Delaware segregation, are duly set forth in the fol-
lowing quotations from departmental letters addressed to the Commission:
In Acting Secretary Ryan's letter of October 6, 1903, it is said that —
n* * * April 20, 1903, your Commission made a report of its action with respect
co compliance with the provisions of said section 2:!, from which report it appears,
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 143
among other things, as follows: That on December 16, 1902, there was filed with
your Commission, by Walter S. Logan, claiming to be the attorney for the Delaware
Indians, a schedule of lands, aggregating 157,600 acres, selected by Delawares and
claimed by them under the agreement of April 8, 1867, with the Cherokee Nation;
that on December 17, 1902, by resolution, your chairman was instructed to * * *
cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in
accordance with the provisions of section 23 of the act of Congress approved July 1,
1902 (Public — -No. 241), subject to disposition according to such judgment as may he
rendered in the rase of the Delaware Indians y. the Cherokee Nation, now pending in
the United States Court of Claims, and as shown by the description of said land
* * * in the schedule above referred to; that on January 1, 1903, your Commis-
sion opened the Cherokee allotment office at Vinita, Ind. T., and proceeded to the
allotment of the remaining lands of the Cherokee tribe; that on January 23, 1903,
your Commission received from Richard C. Adams, claiming to represent the Dela-
ware Indians, an alleged corrected .schedule of lands selected by them; that since
January 1, 1903, a number of Cherokee citizens have made applications [for allot-
ments of lands embraced wholly or in part in the aforesaid schedules, claiming to
have been for years in the possession of the lands asked for and to own valuable
improvements thereon, and that 'no Delaware citizen has ever occupied such lands
or owned any improvements thereon;' that a number of Delaware Indians, since the
filing of said schedules and the opening of the allotment office, have made requests
to be 'Allowed to make final selections of land containing their improvements and
upon which they reside, claiming that no portion of the lands occupied by them is
included within the said Delaware segregation;' that the Commission has been
advised that there are ' numerous other Delaware citizens whose improved lands are
not included within the said segregation, ' and ' whose property rights are thus unpro-
tected.' Your Commission states, among other things, that it believes that the lands
embraced in said schedule ' have not been selected with a due regard for the interests
of either the Delaware citizens generally or other citizens of the Cherokee Nation.'
The. schedules of lands so selected by the Delaware Indians were not transmitted to
nor formally approved by the Secretary of the Interior.
•'The act referred to above imposes upon your Commission the duty of investigat-
ing and determining what lands are subject to segregation, and your Commission can
not substitute the judgment of the Delaware Indians, or any of them, or anyone act-
ing for them or any of them, for your own judgment in this matter. To be effective,
the segregation must be approved by the Secretary of the Interior, and, pending such
approval, your Commission should not proceed to allot any of the lands in the Cher-
okee Nation. When the segregation is made and approved, no application for
allotment of any of the lands so segregated should be received by your Commission
pending the determination of the suit in question.
"It seems clear that the list or schedule of lands does not meet the requirements
of the statute in that it does not include all the lands which have been selected and
occupied by Delawares, and in that it does include lands which no Delaware has
selected and occupied, but to which other Cherokee citizens have claims, based upon
alleged settlement and improvements thereon. You will therefore proceed at once
to make such examination and investigation as will enable you to determine what
tracts should be added to said list and what tracts now embraced therein should be
excluded, care being taken to make the list cover the full quantity of land required
to be segregated. You will, as soon as possible, report the results of such investiga-
tion, with suitable recommendations in the premises. In the meantime, and until
the segregation shall have become effective, you will suspend all proceedings looking
to the allotment of lands in the Cherokee Nation."
In your letter of October 29, 1903, the following statement is made:
"By letter of October 6, 1903, you were directed to make such examination and
investigation as would enable you to determine what tracts of land should be added
to the list of lands to be segregated for the protection of the Delaware Indians in the
Cherokee Nation, and what tracts embraced in the list heretofore made out should
lie stricken therefrom. It is important that a final list should be made up and
approved as soon as may be. It is equally important, however, that the interests of
all concerned should be carefully respected and protected.
" In order that the Department may have a better understanding of the condition
of affairs, and to the end that speedy action may be taken when you shall submit a
new list for action by the Department, these further instructions are given: You will
at your earliest convenience make up a list of the tracts embraced in the former list
which, as shown by the records of your office, are claimed and occupied by Delaware
Indians, and to which there are no adverse claims. You will make another list,
which shall embrace all tracts claimed by Delaware Indians, but not included in
the list heretofore presented to you. You will make a third list embracing the
144 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
tracts included in the list heretofore presented, to which some Cherokee citizen,
other than a Delaware, makes claim. You w ill transmit with each of these lists a
statement of the condition of the tracts embraced therein, as to the occupancy thereof,
and improvements thereon so far as the same are known to you, and will also recom-
mend what action should he taken by the Department upon each of such lists.
"These instructions are not intended to supersede those of < >ctober li, and you will
therefore proceed upon any line of examination and investigation which may have
been entered upon under those instructions."
It may be here said that when the last Cherokee agreement was iinally ratified,
August 7, 1902, and the way made clear to begin in a satisfactory manner the allot-
ment of the lands of the Cherokee Nation, it was the desire of the Commission to
commence that work with as little delay as possible; and January 1 following was
fixed upon as a desirable date upon which to open the Cherokee land office and be-
gin the work of allotment in the Cherokee Nation. But, as the suit between the
Dela wares and the Cherokee was still pending, it was necessary, under the law, to
make the Delaware segregation before the general allotment of the Cherokee lands
could begin. Anticipating delay in case the Commission had to proceed only upon
the basis of its own records in making this segregation, recourse was had to adopting
as the segregation a list of the required amount of land which had been filed, by
agreement between Walter S. Logan, attorney for the Delawares, and William T.
Hutchings, attorney for the Cherokee, before the Court of Claims in the suit then
pending before that court.
Said agreement of counsel was as follows:
"In pursuance of leave reserved and granted by the court upon the final hearing
of this ease, it is hereby stipulated and agreed that the record herein be amended by
substituting in the place of the incorrect descriptions given in the record herein of
157,600 acres selected and claimed by the Delawares the annexed descriptions, which,
upon careful examination, have been found correct.
" And it is further stipulated and agreed that the court may, in its decision and
final judgment herein, use the annexed correct descriptions in the place of the incor-
rect descriptions contained in said reports, provided, however, such substituted
descriptions do not interfere with the lawful rights or claim of other Cherokee
citizens.
"Walter S. Logan,
"Attorney for Petitioner.
" William T. Hutchings,
"Washington, D. C, "Attorney for Respondents.
"December 10, 1902."
The proceedings in making the foregoing list had been, apparently, of a laborious
and painstaking character. The record (p. 363-387, inclusive, and 736-777, inclu-
sive, No. 21139, Court of Claims) shows that this was the third list made by the
Delawares or by representatives of Delawares. This list, as has been seen, was accom-
panied by a proviso that "such substituted descriptions do not interfere with the
lawful rights or claims of other Cherokee citizens," thus making provision for the
correction of mistakes or wrongs; and, the document being concurred in by counsel,
it seemed to give every reasonable assurance of being at least an approximately fair
and correct list of lands and a safe agreement, and as such it was duly adopted by
the Commission, and the Cherokee land office was opened January 1, 1903.
Certain minor clerical errors were found, and by agreement corrected; but soon
after the opening of the Cherokee land office certain Cherokee citizens, not of Dela-
ware blood, discovered, upon applying for the allotment of their homes and improved
allottable lands, that the same had, in whole or in part, been included in the list in
question, which, as stated, had been segregated by the Commission, and which for
convenience will now be referred to as the Adams and Logan list.
This list is what may be termed a blanket list. It does not contain the names of
the holders of the land, and there was no ready way for the people to learn its real
character ami ((imposition until they applied at the land office for the allotment of
their lands.
The Commission was equally dependent, so far as any information conveyed on the
face of the list is concerned, upon what would be developed in the course of applica-
tions for allotment. If the homes and lawful holdings of Cherokee, not Delawares,
had been put into said list arbitrarily, and without purchase or the knowledge or
consent of such Cherokee, such facts would then appear.
But the Commission should have been put upon its guard by the omission of the
names of the holders of the land, which omission was not made in the first list pre-
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 145
sented to the Court of Claims, previously referred to, and it should have checked
said list with the improvement plats, showing the holders and possessors of the lands,
very laborious though such work is. But such was our confidence in the integrity
of an agreed-upon descriptive list of property in dispute, formally presented to a court
of the United States, and in the sufficiency and good faith of the proviso safeguarding
" the lawful rights or claims of other Cherokee citizens," that our attention was not
arrested by this omission of names and the necessity of the examination referred to
did not at the time impress us.
When, however, the Commission permitted these Cherokee to give expression to
what they deemed their "lawful rights and claims" by proceedings which were
"applications" only in name, and were in fact but claims, we were assailed by an
application for an injunction upon the ground that we were allotting land segregated
for the Dela wares, and we are informed that the members of this Commission are
now made parties to a suit alleging great damages to Mr. Adams and his associates for
proceedings of this character, but represented to be of a very different character.
It is needless to elaborate the fact that no such land was ever allotted or permitted,
in the usual and proper sense of the term, to be even "applied" for, except in a
very few instances by clerical error, which cases were promptly discovered and cor-
rected. The words "application for an allotment," when used in connection with a
proceeding of this kind, have been so used only for the lack of a more satisfactory
expression, and they are likely to be misleading. These "applications" are a spe-
cial class. They are, as has been stated, merely claims, which might be permitted
to be made in any one of various w T ays; and which, after all, are simply protests by
citizens against the taking of their land and a step toward presenting their " lawful
rights or claims" which were presumably safeguarded by agreement between counsel.
The continued discovery of the inclusion of the homes and allottable lands of the
Cherokee in the Adams and Logan list was as great a surprise to the Commission as
it was to the Cherokee themselves, and it led to our communication to the Depart-
ment of April 20, 1903, previously referred to.
We now send you a list, marked "A," which gives a partial idea of the extent of
this wrong. Correcting certain errors found in an earlier list, and leaving out certain
points in dispute, this list gives the names of 239 Cherokee citizens who, as original
claimants, testify under oath that they are the sole possessors of their homes and
allottable lands,"which are found to be included, in whole or in part, in the Adams
and Logan list. Theextent of each citizen's property thus shown to have been taken
without his knowledge or consent, is given, and the total amount of this exhibit of
land is 13,375.80 acres.
This, as indicated, is. however, but a partial statement of the case, for two-thirds
of the Cherokee have not yet appeared at the land office.
In arriving at the total, however, of lands of Cherokee not of Delaware blood,
included in the Adams and Logan list, there must be considered, not only the fore-
going, and probably very much more land of Cherokee which appears to have been
put into said Adams and Logan list without the knowledge or consent of the lawful
holders of said land, but also considerable bodies of land of certain Cherokee which
have been put into that list with the knowledge and consent of the holders.
Passing to the consideration of the grand total of land in the Adams and Logan list
that is shown by our records to belong to Cherokee, not of Delaware blood, and
including as a part the lands just referred to in Exhibit A, attention is now called to
Exhibit B, herewith inclosed, which gives the names of all such Cherokee, their
citizenship card numbers, and the lands, as per townships, shown as stated to be
owned by them. The aggregate of such land is 39,120.45 acres.
It is not to be assumed that all of this land will be revealed to have been put into
the Adams and Logan list without the knowledge or consent of the holders, as before
indicated. Some Cherokee holders of large bodies of land are understood to have
made trades with Mr. Adams by which their lands became included in the Adams
and Logan list.
It was intended to send you a list of this land, grouped into totals of individual
holdings, and we hope to send you such an arrangement of the data in a short time;
but a present partial examination shows the following Cherokee citizens to be among
the principal holders of these lands, and the amounts of their holdings:
Acres.
Robert L.Owen 6,931.75
Francis B. Fite 2,579.98
KdwardL.Halsell 1,462.62
Jacob H. Bartles 1,149.62
Total 12,123.97
S. Doc. 104 10
146 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
A careful analysis of the Adams and Logan list shows the following to be the totals
of lands of different classes constituting that list:
Total acreage of land of different classes found to constitute tin' Adams and Logan list of
land, as per the records of the Commission.
Number of acres held bv registered Delawares with no adverse individual
claimants 61 , 006. 97
Number of acres held by registered Delawares, but having adverse
claimants 1, 550. 22
Number of acres held by nonregistered Delawares, no adverse claimants. 26, 258. 49
Number of acres held by nonregistered Delawares, but having adverse
claimants 1, 358. 59
Number of acres held by Cherokee 39, 1 20. 45
Number of acres held by unidentified parties 11, 103. 63
Number of acres of public domain 17, 102. 44
Number of acres in town sites, approved 48. 87
Number of acres in town sites, not approved 55. 00
Total of the Adams and Logan segregation 157, 604. 66
The following quotations from correspondence gives the explanations of their list
made by Mr. Adams and Mr. Logan. Mr. Adams makes certain business and sta-
tistical statements and offers terms of adjustment, and Mr. Logan justifies his list by
a claim of legal right that is new to the Commission and, apparently, quite extraor-
dinary in its character.
In this connection, in a letter addressed to the commissioner in charge of the
Cherokee land office, December 7, 1903, Mr. Adams says:
i<# * * p OY ti ie information of the Commission, and for future reference, I
hand you herewith a memorandum showing lands that I have purchased from cer-
tain Cherokee who formerly owned improvements thereon. These improvements
belong to me. The land is put into the Delaware segregation and belongs to the
Delaware Indians, subject to future determination of the Delaware council and
the decision of the Supreme Court in the case now pending. The Delaware Indians
contracted to pay me in land for services rendered in defending their interests. This
they would prefer to do ; but if for any reason they can not, tben this land belongs to
them and I will have to look to them to give me compensation for my services
through other means. In any event, the lands described in the memorandum here-
with inclosed do not belong to Cherokee citizens, said citizens having parted with
their right to select the same by receiving cash consideration from me for what-
ever rights they had in and to the lands and improvements. I can send you at any
time you wish copies of the original deeds or bills of sale, or the originals them-
selves if need be.
"In addition to the lands in the inclosed list, I have some other lands, of which
at this writing I have not prepared a memorandum. * * *
"If there is any way in which I can assist you or the Commission in regard to the
segregation of the Delaware lands, I will be glad to render such aid as is in my
power. ' '
A copy of the list above referred to by Mr. Adams is inclosed.
In the same connection Hon. James K. Jones, as counsel for Mr. Adams, submitted
December 23, 1903, the following proposition:
" Mr. Adams authorizes me to say that he holds the lands standing in his name in
the agreed list of lands submitted for segregation for his people, the registered Dela-
wares and the descendants of registered Delawares, and not for himself; that in
acquiring these lands for the benefit of his people he has expended his own money,
and that he believes his people will in the event of the establishment of their claim
reimburse him for all such expenditures, as well as for his risks and services in
their behalf.
"That for the purpose of inducing you to include these lands in the Delaware
segregation for the benefit of his people, and subject to the action of the Supreme
Court, he stands ready to, and hereby proposes to, convey all such lands in any way
that you may suggest to any committee of Delaware Indians to be selected by you or
your Commission, to be held by them under the direction of your Commission for
the sole benefit of the Delaware tribe of Indians.
" If under these safeguards you are willing to allow his people to have the benefit
of these lands, bought with his money for their use, bv including them in the Dela-
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 147
ware segregation, he will at once execute such conveyance as you may suggest to any
parties named by you. * * *"
On December 26, 1903, Mr. Adams wrote the Cherokee land office as follows:
"Inclosed I hand you copy of certain deeds and papers relating to the improve-
ments I purchased on lands in the Cherokee Nation, which I desire to have segre-
gated for the benefit of the Delaware Indians. Many of these papers are recorded in
the records of improvements of the Illinois district. Such as are so recorded are so
marked and such as are not recorded I have the originals in my office. These copies
are not certified copies, but they have been carefully compared. I can, if you desire,
send the original papers to you at any time that you may require them.
"In looking over the list of the 302 claimants of the Delaware segregated land, I
find that a large number were Delawares claiming their own land that was in the
segregation. I also found that some of the land said to be in the segregation was not,
and some of the tracts were claimed by more than one Cherokee. I think when you
come to examine this matter closely, you will find that very few of the 302 can show
reasons why the land should not be included in the segregation."
To Mr. Adams's letter of the 7th of December, reply was made by the commissioner
in charge of the Cherokee land office on December 12, in part as follows:
'i* * * As to the parties, some 300 in number, who have to date made claim
that their occupied lands and homes have been, without their knowledge or consent,
put into what has been called the Delaware segregation, such parties as commonly
referred to are those who have made such complaint in person or, in some instances,
in writing when information of the disposition of their lands has reached them,
and none of them are of Delaware blood, nor do they make any claim as Delawares,
but care will be exercised to see that no improper representations of this character
prevail. * * *
" You are welcome to appear at this office in person or by representative and to
consider and make suggestions and representations in regard to every tract of land in
any way connected with these proceedings. In renewing the offers of this office to
extend to you every facility within its power, I must call attention, however, to the
fact that this business is already greatly delayed and other interests immensely
inconvenienced chiefly by reason of the nature and character of the list heretofore
presented by yourself and Mr. Logan for segregation, that the preliminary work has
continued since early in October, and now this office is directed to make final report
to the Commission as soon as possible. It seems probable that there will be very
few instances in which any difference of opinion can exist as to what class any tract
of land comes under. If it is of an excluded class, that of course would settle the
question; and as the classes to be included have been defined by the Commission,
this should make your review of the segregation, with your knowledge of the lands
you are particularly interested in, a very brief labor and one that you can readily
complete before this office makes its report. I hope to report to the Commission
within not exceeding ten days; and, as heretofore, all the data is open to your
inspection."
To the letter above referred to from Hon. James K. Jones reply was made from
the Cherokee land office December 26. After reviewing the matter to date and recit-
ing that Mr. Adams had telegraphed his intention to be at Tahlequah on December
21, that reply contains the following language:
k* * * jyj r Adams did so appear on that date, and he exhibited a bundle of
papers, which he said were bills of sale of land or improvements he had bought, and
which he said he would leave with this office. He was told that the originals would
be returned to him as soon as copies could be made, but he failed to leave the papers.
" On the 22d instant, at Muskogee, Mr. Adams made to me the same statement
about lea'ving the bills of sale, but he did not leave them, and to this date he has fur-
nished the Commission no evidence of the persons from whom he acquired these
lands, upon what terms, or by what authority, except such general statements as I
have enumerated. He does not avail himself of the repeated offers of access to all
of our records in this business, nor does he submit any evidence that the lands he
claims are not rightfully held as shown by our improvement plats and other evidence
of record. He can not reasonably ask the Commission to delay without limit, nor
expect to gain his case by simply making complaint and withholding the evidence.
"In answer now more specifically to your proposal, as at present advised I do not
see that this office under its instructions can accede to the proposition.
"As you say, Mr. Adams expended his own money under a belief that his clients
would 'reimburse him,' etc. In other words, he indulged in a business transaction
and apparently with a view of the law respecting the making of the Delaware segre-
gation greatly at variance from that held by the Commission. According to the
148 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
doctrine laid down by Walter S. Logan, counsel for the Delawares, and according to
the way the Adams and Logan list of land for segregation now seems to have been
made up, there was no need for Mr. Adams to expend his money except for his
personal benefit and profit. Mr. Logan, in his letter of December 3, says:
'"The agreement between the Delawares and the Cherokees of April 8, 1867,
provides that —
"'The selection of the lands to be purchased by the Delawares may be made by
said Delawares in any part of the Cherokee Reservation east of the said line of 96,
not already selected and in the possession of other parties.'
"The Delawares, therefore, are to make their own selections.
"The selections they have made are on rile with you. The only question that can
arise, therefore, is as to whether any part of the lands so selected were 'already
selected and in the possession of other parties,' within the meaning of the agreement.
"The phrase 'already selected and in the possession of other parties' refers, of
course, to the date of the agreement — that is, April 8, 1867. If it is claimed, there-
fore, that any part of these lands were not open to the Delawares to select, it must
be because on April 8, 1867, they had been 'already selected and in the possession
of other parties' who are now claiming them. It is not enough that the lands should
have been 'selected.' They must have been not only 'selected,' but in the actual
'possession of other parties.'
"* * * we are entitled to have segregated to us the lands which we have
selected and which were not on April 8, 1867, 'already selected and in the possession
of other parties,' and such other lands as we may hereafter select in the place of those
which it may determine were on that date 'already selected and in the possession of
other parties.'
"Also, according to our record, some 16,000 acres of land belonging to nearly 300
Cherokees was thus arbitrarily put into that list for segregation. All this casts
grave doubt upon the correctness of the status of Mr. Adams's lands as defined by
him. * * *
"I do not enter upon other features of the case, such as the power of the Commis-
sion to make such an arrangement, the effect of incumbrances upon the land, and
the inevitable perversion of the Commission to functions of a personal and private
character, such as the excess holding of land and the collection of debts that have
no security in law. It does not appear necessary to go into these matters, except to
suggest them, for, so far as my duty is concerned, Mr. Adams' transaction, in princi-
ple and from the beginning, seems to me to be contrary to what I am directed to
recognize as lawful, except in so far as he may be able to show selections in which
he is personally interested as a registered Delaware, or as an heir of a registered Del-
aware to the extent of 160 acres of land per capita, as laid down in the resolution."
In regard to the memorandum of lands referred to in Mr. Adams' letterof December
7, it should be stated that it did contain the names of the persons of whom he alleges
he made purchases of land or improvements, and also the dates of said purchases.
The alleged copies of bills of sale sent with Mr. Adams' letter of December 26 are
found to relate to the same lands which are enumerated in the memorandum.
The "some 16,000 acres of land belonging to nearly 300 Cherokees," just referred
to, is a statement based on a list of land in the Adams and Logan list, and of Chero-
kee claimants of the same, furnished at one time to Mr. George S. Chase, for Mr.
Adams. It includes the 13,375.80 acres of Exhibit A, and it is the same land also
to which Mr. Adams refers in his letter of December 26, 1903, where, in an effort to
explain this obvious attempt to appropriate the property of other people, he makes
the following statement:
"In looking over the list of the 302 claimants of the Delaware segregated land, I
find that a large number were Delawares claiming their own land that was in the
segregation. I also found that some of the land said to be in the segregation was
not, and some of the tracts were claimed by more than one Cherokee. I think when
you come to examine this matter closely you will find that very few of the 302 can
show reasons why the land should not be included in the segregation. - '
Concerning this statement and explanation of Mr. Adams's, reference has already
been made to Exhibit A, giving the names of 239 < !herokees whose sworn testimony,
on file, contradicts him, as do our plats, as to 13,357.80 acres. There is not a line of
evidence contradicting this testimony except Mr. Adams's opinion that "very few
* * * can show reasons why the land should not be included in the segregation;"
and copies of alleged bills of sale presented by him for 260 acres, said bills of sale
bearing date March 21), 1899, August 14, 1899, and January 27, 1900, all prior to the
date of the Commission's improvement plats, which plats do not show him to own
or occupy any of said land; and he is further contradicted bv the sworn testimony
of George W". Waller, father of Goldie J. Waller (Cherokee card 5458), Sallie Taylor
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 149
(Cherokee card 5494), Susan Swan (Cherokee card 5595), Daisy D. Byrd (Cherokee
card 5452), and Henry H. Byrd (Cherokee card 5473), all clearly shown, so far, to
be the lawful occupants of this land. As to the rest, Mr. Adams presents nothing
but an unsupported opinion of his own and a desire to take the land.
The original list of this class of land was for 16,439.78 acres, claimed by 298 per-
sons. That included, not evidenced at the time, 1,198.62 acres claimed by 19 per-
sons, listed as Delawares, not desirous of being involved in the Delaware dispute and
requesting to be allowed to exercise their rights as Cherokees. Inclosed is a list of
these persons and of their lands, marked "Exhibit C."
Also inclosed find list "D," showing the lands of all Delawares, registered and
unregistered, included in the Adams and Logan list, without adverse individual
claims, and given as found by town sites. Also find list " E," giving the same infor-
mation, but arranged so as to show the amount of each individual's holdings.
But the original list now under consideration was found to contain in error 875.06
acres not in the Adams and Logan list, and there was also in error 990.30 acres by
reason of certain tracts having been counted more than once, the same being claimed
by two or more persons.
Instead, therefore, of the facts being as Mr. Adams indicates, the status of this
matter is found to be as follows:
Original list 16, 439. 78
Less amount —
Not included in Adams and Logan list 875. 06
Counted more than once 990. 30
1,865.36
Leaving 14, 574. 42
Possible deduction as to Delawares claiming as Cherokee 1, 198. 62
Leaving 13, 375. 80
The foregoing indicates how unsustained are Mr. Adams's claims as to Cherokee
lands shown to be included in the Adams and Logan list without purchase or the
knowledge or consent of the lawful occupants of the lands. What it would amount
to if full information were at hand as to the total of 39,120.45 acres of Cherokee hold-
ings of all kinds found to be in the Adams and Logan list, we can not, of course, say
at this time; but presumably it would amount to a very much larger acreage than has
yet been revealed of this class of land.
What Mr. Adams claims under his alleged purchase of land or improvements, has,
as far as the Commission can identify the same, no connection with the foregoing
lands except as respects the 260 acres previously referred to.
As for his allegation that he bought his lands as a trustee for the Delawares, referred
to particularly in the quoted correspondence with Hon. James K. Jones, investiga-
tion shows that all of said land was bought before the passage of the last Cherokee
agreement, under which law we are operating, and that about one-third of it was
bought even before the passage of the Curtis Act. And, again, if the doctrine of his
chief legal adviser, Mr. Walter S. Logan, was a guide to him, there was, perhaps, not
the slightest occasion to buy an acre of the land he desired to possess.
Mr. Logan's justification of these matters will now be considered.
While Mr. Adams makes unsupported statements and denies the facts, Mr. Logan,
in speaking of the \dams and Logan list, denies nothing, but boldly announces the
doctrine that —
"The Delawares, therefore, are to make their own selections.
"The selections they have made are on file with you. The only question that can
arise, therefore, is as to whether any part of the lands so selected were 'already
selected and in possession of other parties' within the meaning of the agreement.
"The phrase 'already selected and in the possession of other parties' refers of
course to the date of the agreement, that is, April 8, 1867.
* we are entitled to have segregated to us the lands which we have selected
and which were not on April 8, 1867, 'already selected and in the possession of other
parties.' " (Letter from Walter S. Logan to the Commission of December 3, 1903,
copy inclosed.)
Mr. Logan's position need only be quoted to be understood. It hardly permits of
comment.
There are few improvements in the Cherokee Nation of so ancient a date as the
8th of April, 1867. This is particularly true of what is now the most populous and
opulent part of the Nation. In view of these facts, and Mr. Logan's opinion, and
the general disposition manifested by these gentlemen, we can hardly be surprised
at the inclusion in their list, in one way and another, of nearly 40,000 acres of the
150 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
occupied lands of Cherokee and also of Bome approved as well as unapproved town-
site property. We can only be surprised that Mr. Adams should deem it necessary
to buy any property at all, that they did not attempt to take more, and that Mr.
Logan, perhaps for color and support, should make the following statement, as he
does at the close of his letter of December 3, in speaking of the views of the honor-
able and distinguished attorney for the Cherokee Nation, viz:
" I had a talk with Mr. William T. Hutchin[g]s in Washington yesterday on this
matter, and his views and mine seem to be in entire accord in this matter."
It is thus, in part at least, that this remarkable attempt has been made to acquire
and retain large bodies of thechoiceand improved lands and homes of the Cherokees.
The record in this matter at no point shows that Mr. Adams or anyone acted as
trustee, or any authority for Mr. Adams or anyone to so act, or any act distinguish-
able from an effort to seize property improperly and an attempt of an excess land-
holder to cover up his excess holdings in the Delaware segregation; and, as a last
resort, to try and transmute such excess holdings into some vague sort of community
interest, all alike unlawful and improper.
The list of Delaware segregated land now submitted to you for approval has been
compiled under the following construction of the law and the Department's instruc-
tions, and we see no conflict between them.
Departmental letter of October 6, 1903, says:
"The act referred to above imposes upon your Commission the duty of investi-
gating and determining what lands are subject to segregation, and your Commission
can not substitute the judgment of the Delaware Indians, or any of them, or anyone
acting for them or any of them, for your own judgment in this matter. *
It seems clear that the list of schedule of lands does not meet the requirements
of the statute in that it does not include all the lands which have been selected
and occupied by Delawares, and in that it does include lands which no Delaware
has selected and occupied, but to which other Cherokee citizens have claims based
upon alleged settlement and improvements thereon. You will therefore proceed at
once to make such examination and investigation as will enable you to determine
what tracts should be added to said list and what tracts now embraced therein should
be excluded, care being taken to make the list cover the full quantity of land required
to be segregated. You will as soon as possible report the results of such investigation,
with suitable recommendations in the premises. * * *"
Departmental letter of October 29, 1903, says:
"By letter of October 6, 1903, you were directed to make such examination and
investigation as would enable you to determine what tracts of land should be added
to the list of lands to be segregated for the protection of the Delaware Indians in the
Cherokee Nation, and what tracts embraced in the list heretofore made out should
be stricken therefrom. It is important that a final list should be made up and
approved as soon as may be. It is equally important, however, that the interests of
all concerned should be carefully respected and protected.
" In order that the Department may have a better understanding of the condition
of affairs, and to the end that speedy action may be taken when you shall submit a
new list for action by the Department, these further instructions are given: You
will, at your earliest convenience, make up a list of the tracts embraced in the former
list which, as shown by the records of your office, are claimed and occupied by Del-
aware Indians, and to which there are no adverse claims. You will make another
list, which shall embrace all tracts claimed by Delaware Indians, but not included
in the list heretofore presented to you. You will make a third list embracing the
tracts included in the list heretofore presented, to which some Cherokee citizen, other
than a Delaware, makes claim. You will transmit with each of these lists a state-
ment of the condition of the tracts embraced therein, as to the occupancy thereof, and
improvements thereon so far as the same are known to you, and will also recommend
what action should be taken by the Department upon each of such lists.
"These instructions are not intended to supersede those of < >ctober 6, and you will
therefore proceed upon any line of examination and investigation which may have
been entered upon under those instructions."
Section 22 of the last Cherokee agreement is as follows:
"Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the
Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter-
mine all matters relative to the appraisement and the allotment of lands."
Section 23 of said agreement provides, in the contingency that the Delaware segre-
gation must be made, that —
"* * * the Commission shall cause to be segregated 157,600 acres of land,
including lands which have been selected and occupied by Delawares in conformity
to the provisions of their agreementwith the Cherokees, dated Aprils, 1867. * * *'
It seems perfectly clear that, if the Commission is to make the segregation before
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 151
the final termination of the Delaware suit, it is referred definitely to the agreement
of April 8, 1867, in order that, in discharging that duty, it maybe sure that it is
"including," in said segregation, as the law specifically requires, " lands which have
been selected and occupied by Delawares in conformity to the provisions of their
agreement with the Cherokees dated April 8, 1867."
No reference of similar questions to the courts, or even a reference of this identical
question, can excuse us from the duty of construing the same law as respects our duty
in making the segregation if it devolves upon us to so act in advance. The question
as to whether we shall act in advance is an administrative question and not a legal
question. If we must act, the legal duty is clear and mandatory. What may follow
after the final decision of the courts does not enter into the legal question before us
at this time. That is a consideration bearing more directly upon the administration
phase of the question, and that is not now before us. We have gone, therefore,
directly to the agreement of April 8, 1867, and to the facts of the present time, as
best in evidence before us, to ascertain what lands "have been selected and occupied
by Delawares in conformity to the provisions of their agreement with the Cherokees
dated Aprils, 1867 * * *"
The contingency of an allotment of land was definitely provided for in the agree-
ment of April 8, 1867. Where there might be doubt, the text was parenthetically
explained. The language is as follows:
" * * *; and in case the Cherokee lands shall hereafter be allotted among the
members of said Nation, it is agreed that the aggregate amount of land herein pro-
vided for the Delawares, to include their improvements, according to the legal subdi-
visions when surveys are made — that is to say, 160 acres for each individual — shall be
guaranteed to each Delaware incorporated by these articles into the Cherokee Nation,
nor shall the continued ownership and occupancy of said land by any Delaware so
registered be interfered with in any manner whatever without his consent * * *."
Then follows restrictions in these words:
"* * * that nothing herein shall confer the right to alienate, convey, or dispose
of any such lands, except in accordance with the constitution and laws of said Chero-
kee Nation."
This agreement, upon which we are thrown as our guide in this matter, concludes
as follows:
"* * * On the fulfillment by the Delawares of the foregoing stipulations, all
the members of the tribe, registered as above provided, shall become members of the
Cherokee Nation, with the same rights and immunities, and the same participation
(and no other) in the national funds as native Cherokees, save as hereinbefore pro-
vided. And the children hereafter born of such Delawares so incorporated into the
Cherokee Nation shall in all respects be regarded as native Cherokees."
The Commission is of the opinion that no land was "selected and occupied by
Delawares in conformity to the provisions of their agreement with the Cherokees
dated April 8, 1867," acting as Delawares, except such as has been selected and occu-
pied by registered Delawares; and that said registered Delawares could and can only
select, hold, or occupy, as Delawares, 160 acres for each individual so registered.
We find no right attaching to an unregistered Delaware to designate for or have
included in the segregation any land of his own selection.
If an unregistered Delaware is occupying land acquired from one or more deceased
registered ancestor, we do not feel constrained to refuse, and w r e do not refuse, to
include said land in the segregation to the extent of not exceeding 160 acres selected
and occupied by each of said deceased registered ancestors and held in continuous
possession by said unregistered descendant. The same is true of the land of the
ancestor of a descendant who is himself a registered Delaware.
This makes the holding of land somewhat cumulative in a few cases; but we have
no desire to anticipate any question that can possibly be left untouched until the
courts may render a final decision; and it has appealed to us that this course is per-
missible in the present instance, although it permits what as to other lands would be
an excess and unlawful holding of land.
From this point we proceed to select land for the segregation from the available
part of the public domain to an extent sufficient to make up the required segregation
of 157,600 acres.
There are parts of the public domain which we do not consider available for this
segregation. These are such parts of the excess holdings of citizens as have of neces-
sity been relinquished under the provisions of the last Cherokee agreement and the
Curtis Act. They are scattered tracts of land, much in request by citizens for their
individual allotments, the same being generally of high, and often of very great
value; they are frequently clouded with conflicting claims of right of possession, and
the Commission believes that, at best, to put such lands into the segregation would
only serve as a means of excess landholding on the part of contiguous owners of
152 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
land, an odious and vexatious violation of law that the Commission is doing its
utmost to break up, and which should under no circumstances be connived at or made
possible. It is with extreme reluctance that the Commission has felt required to
recognize the selections of even deceased registered Delawares in a way that permits
of seemingly sonic abuse. But that at least is clearly recognized and defined, and it
is permitted only as an unavoidable evil under the law and circumstances.
In accordance with the foregoing views the Commission, on the 10th instant
adopted, after full consideration, the following resolution:
"Muscogee, Ixd. T., December 10, 1903.
" Resolved, That the Delaware segregation shall consist:
" First. Of lands shown by the records of the Commission to be selected and occu-
pied by living registered Delawares, in accordance with the treaty of April 8, 1867,
to the extent of 160 acres per capita of said living registered Delawares, said 160
acres to contain, as far as may be, the principal improvements of said living regis-
tered Delawares;
"Second. Of lands shown to have been selected by a deceased registered Delaware
under said treaty of April 8, 1867, to the extent of 160 acres per capita of land so
selected and occupied and which is found now to be in the possession of a descendant
of such deceased registered Delaware, said land to contain, as far as may be, the
principal improvements of said deceased registered Delaware;
"Third. Of public land, in addition to the foregoing, sufficient to make up a total
of 157,600 acres for this segretation.
"The commissioner in charge of the Cherokee land office is directed to prepare a
list of the foregoing lands as soon as possible, and to report to the Commission."
At the request of Mr. E. C. Adams and his counsel, Hon. James K. Jones, the
question of what should be included in the Delaware segregation was again considered
on the 22d instant, when the Commission, after full consideration, adopted the fol-
lowing resolution:
" Resolved, That after hearing argument in regard to making the Delaware segrega-
tion, the Commission concludes not to change the instructions heretofore given in
regard thereto. The lands of the public domain placed in said segregation shall be
as far as possible such as will not serve as a means of excess land holding by individ-
uals for their personal profit."
It is upon these lines that the segregation as now submitted to you has been made.
As our plats and data were not made with a special view to compiling a list of this
character, the task has involved an amount of office and field work and necessitated
a consumption of time difficult of appreciation by one not actually charged with the
undertaking. Whatever may be its defects this much can be assured, that accord-
ing to our information and data no man has been done injustice and no man has
been unduly favored.
The following information may be of interest to the Department:
Acres.
Land in the present segregation included in Adams and Logan list 20, 609. 45
Land in the present segregation not included in Adams and Logan list. . 136, 995. 21
157, 604. 66
Land of the Adams and Logan list omitted from present segregation and
shown bv Commission's records to be:
Owned by Cherokees 39, 120. 45
Public domain 17, 102. 44
Town sites 103. 87
Listed to people not identified 11, 053. 63
Excessive holdings of individual Delawares 69, 614. 82
136, 995. 21
The property in approved town sites, found to be included in the Adams and Logan
list, is as follows:
Approved town sites: Acres.
In North Tulsa 20. 00
In Sallisaw 1 7. 88
In Big Cabin 10. 99
48.87
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 153
The property in town sites not yet approved, found to be included in the Adams
and Logan list, is as follows:
Unapproved town sites: Acres.
In Ochelata 30. 00
In Lawton 25. 00
55.00
Total of all towns:
Approved 48. 87
Unapproved 55. 00
103. 8/
In reviewing our data, we seem to have supplied all the tables the Department
desired, except a separate enumeration of the Delawares and the land claimed by
them omitted from the Adams and Logan list. This involves a very lengthy search
of the plats and comparison of data. We will try to supply it. This is true, how-
ever, that we have exhaustively searched the plats and the citizenship records, and
sent out special field parties, both as to people and land, to make sure that no Dela-
ware or his lawful quota of land is omitted from the list of segregated land we now
send you, and we recommend that said list be approved, as curative, as set forth in
the exhibits and in this report, of the evils now so patent to the Department and the
Commission. This, it may be said, would be in effect an approval of all the work
set forth in this report and the accompanying lists or exhibits, for, in addition to
what is included in the present list of segregated lands, as just stated, it involves the
rejection of every acre of land improperly included in the Adams and Logan list,
which rejected lands, as already shown, amount to 136,995.21 acres.
A claim has been made with much stress that the Government paid, in 1890,
$1,000,000 of the tribal funds to the Delawares in the Cherokee Nation; that it was
upon the condition that they use the money so obtained in paying for their lands
and improvements in the Cherokee Nation; that first, one half of the sum was paid,
and then, upon assurance that the money was being used in the way indicated, the
other half was paid, and that thus an obligation was incurred or recognized, fairly
operative now, to let individual Delawares hold, subject to the final decision in the
Delaware-Cherokee suit, all the land they are found to be in possession of, or, at
least, to segregate, as far as may be, such land as of the public domain.
The Department is doubtless better informed in regard to this transaction than
the Commission. The contention, however, has not impressed the Commission as
being well founded.
In the first place, there is no evidence before the Commission that this was other
than a payment of tribal funds pro rata among the then recognized claimants, with
only a care to see that the recipients would use the money judiciously. This might
well be done under any construction of the rights of the Delawares in the Cherokee
Nation; and, in the light of this act, the Department, at a subsequent date, took a
distinctly opposite view from the one now contended for respecting the rights of these
Delawares, as set forth in the opinion of First Assistant Attorney-General Campbell,
October 5, 1897, addressed to and approved by Secretary Bliss.
It is urged that these lands are of the best lands, and that those now taken from
the public domain by the Commission are, generally speaking, of much lower grade
and value.
This is true. It is also true that if the Commission could find average land, avail-
able for this segregation, it would, as a matter of justice both to the Delaware claim-
ants and the Cherokee Nation, select such land to complete the segregation to the
amount required by law.
The Delawares, however, having failed to exercise or continue the operation of
their distinctive rights under the contract of April 18, 1867, can not now ask the
Commission to act for them in a way disassociated from mandatory conditions which
have arisen. We include all the land that we consider they are, as Delawares, law-
fully occupying. If they have improved land in excess of what they are considered
entitled to as Delawares, they, under the practice of the Commission, can and do
still have such land set aside for them, in addition to what we reserve from the pub-
lic domain, to the value of 110 average acres, the allottable right and interest of a
Cherokee. Every Delaware not found in possession of land is recognized in what is
taken from the public domain, and still he also can at any time have reserved for
him a regular Cherokee allotment.
154 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
It seems clearly too much to ask in the name of generosity or fair dealing that, in
addition to all this, we shall select lands contiguous to those holders of land, only to
be held professedly in trust, but in fact for their individual benefit — lands, generally
speaking, far in excess of the average value — while the remoter parts of the public
domain which we do select, though rated low in the scale of values adopted for pur-
poses of distribution, yet have a market value much greater than the $1 per acre paid
by the Delawares for the tenure they contracted for.
In a separate communication we address the Department in regard to what may be
necessary steps following the approval of the list of segregated lands now transmitted.
Respectfully,
The Commission to the Five Civilized Tribes.
Tams Bixby, Chairman,
T. B. Needles,
C. R. Breckixkidge,
Commissioners.
(Through the Commissioner of Indian Affairs.)
New York, December 3, 1903.
Hon. Tams Bixby,
Chairman Commission, Muscogee, Tnd. T.
My Dear Sir: I have your telegram of November 27, stating that the Commission
will meet on December 10 to consider matters pertaining to the segregation of Dela-
ware lands and that you will be pleased to hear oral or written arguments which we
may desire to present touching the method which should be adopted for making
segregation.
The agreement between the Delawares and the Cherokee of April 8, 1867, provides
that—
"The selection of the lands to be purchased by the Delawares may be made by
said Delawares in any part of the Cherokee Reservation east of the said line of 96
not already selected and in the possession of other parties."
The Delawares, therefore, are to make their own selection.
The selections they have made are on file with you. The only question that can
arise, therefore, is as to whether any part of the lands selected were "already selected
and in the possession of other parties " within the meaning of the agreement.
The phrase "already selected and in the possession of other parties" refers of
course to the date of the agreement; that is, April 8, 1867. If it is claimed, therefore,
that any part of these lands were not open to the Delawares to select, it must be
because on April 8, 1867, they had been "already selected and in the possession of
other parties " who are now claiming them. It is not enough that the lands should
have been "selected." They must have been not only "selected," but in the actual
"possession of other parties."
If it is claimed that any part of these lands were on April 8, 1867, "already selected
and in the possession of other parties " that would raise an issue, which I have no
doubt your Commission has the power to determine, and we will be prepared to meet
any such issue when it is raised, in case that issue should be determined against
us as to any particular section or tract of land, then we will make other selections
that are open to us to complete the 157,600 acres.
Otherwise, we are entitled to have segregated to us the lands we have already
selected, and in any event we are entitled to have segregated to us the lands which
we have selected and which were not on April 8, 1867, "already selected and in the
possession of other parties," and such other lands as we may hereafter select in the
place of those which it may determine were on that date "already selected and in the
possession of other parties."
I had a talk with Mr. William T. Hutching in Washington yesterday on this mat-
ter, and his views and mine seem to be in entire accord in the matter.
The Delawares insist upon the segregation to them of the lands which they have
already selected, and, if further selections are to be made, of the lands which they
may hereafter select.
I am of the opinion that the function and power of your Commission is confined
simply to the determination of what lands the Delawares have selected and whether
they were under the terms of this agreement open to selection by the Delawares.
Whenever any issue that may be raised in this matter is to come up for trial before
your Commission, the Delawares will be properly represented either by my office or
otherwise upon receiving adequate notice.
The provision limiting the right of the Delawares to select lands "not already
selected and in the possession of other parties" is of course inserted simply for the
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 155
protection of parties who had already made their selections at that time and such
parties alone are entitled to raise the objection. If the Delawares have bought the
rights of Cherokees already in possession, or induced for any consideration the Cher-
okee to give up his selection, then the lands became obviously open for selection to
the Delawares. The only lands which the Delawares could not select were those
which were " already selected and in the possession of other parties," who are in
position to insist upon their rights, and do so insist upon their rights. When they
have sold out to the Delawares, they can not of course set up their prior locations
against the Delaware selections.
Yours, very truly,
Walter S. Logan.
On June 18, 1897, I bought from William P. Ross and Edward C. Ross three-
fourths interest in the SW. f and the NW. J of sec. 29, T. 16, R. 20, paving the sum
of $160.
At a later date I bought the remaining interest of the Ross brothers, paying the
sum of $125.
On the 23d dav of January, 1897, I bought from Walter Scott 38 acres in sec. 6,
T. 15, R. 20, for which I paid the sum of $300.
On the 27th day of November, 1896, I paid Walter Scott $50 for about 25 acres of
land on the north side of Fort Gibson and Tahlequah road, to straighten up our
lines in sec. 1, T. 15, R, 20.
On the 2d day of November, 1896, I paid James S. Fuller and Rosie L. Fuller
$400 for about 40 acres of land in sees. 1 and 12, T. 15. R. 19.
On the 19th day of December, 1896, I paid William P. Ross and Maud Ross $150
for 18 acres of land on the north side of Fort Gibson road that runs by the national
cemetery, the same being in sec. 1, T. 15, R. 19.
On the 23d day of January, 1897, I paid H. C. Meigs $500 for a tract of land then
known as the Meigs pasture, consisting of about 500 or more acres, being in sees. 30
and 31, T. 16, R. 20.
On the 8th day of December, 1896, I paid to J. S. and R. L. Fuller $200 for 15 or
i in ire acres of land bounded as follows: On the east side by the tracts lately belonging
to William Ross and now belonging to R. C. Adams; on the south side by the Tahle-
quah and Fort Gibson road; on the west by the State line running parallel with the
section line, and on the north by the Corrall branch, all being in sec. 1, T. 15, R. 19.
On the 9th day of December, 1896, I paid Alfred Smith $25 for about 2i acres of
land in sec. 1, T" 15, R. 19, to straighten up my line.
On Julv 10, 1897, I paid William Hendricks and wife for 200 acres or more of land
located in sec. 6, T. 15, R. 20, and sec. 31, T. 16, R. 20, $500.
On the 3d dav of December, 1896, I paid Walter Scott $40 for 24 acres in sec. 1,
T. 15 R. 19.
On'the 24th dav of Julv, 1897, I paid William P. Ross and M. W. Ross and E. G
Ross $1,000 for 50 acres of land in sec. 6, T. 15, R. 20. and sec. 31, T. 16, R. 20; also
80 acres in sec. 29, T. 16, R. 20.
On December 24, 1896, I paid E. C. Willey $10, and also cleared up and put in order
a good road, for the right to change up my lines on the north, in sec. 1, T. 15, R. 19,
and sec. 6, T. 15, R. 20.
On November 30, 1896, I paid J. Thompson and E. C. Thompson $250 for 40 acres
of land in sec. 1, T. 15, R. 19.
On the 10th day of July, 1897, 1 paid William Hendricks and Eliza Hendricks $500
for 200 acres, more or less, formerly known as the Ross place, and located in sec. 6,
T. 15, R. 20, and sec. 31, T. 16, R. 20.
About March, 1897, I selected and improved land in sees. 25 and 36, T. 16, R. 19,
consisting of about 340 acres.
I also purchased at a later date from a party whose name I do not remember the
SE. ] of sec. 36, T. 16. R. 19, and 80 acres in sec. 31, T. 16, R. 20.
On October 31, 1899, I paid Harve and Lucv Bacon $200 for 160 acres of land,
being the E. * of the SE. \ of sec. 26, and the E. J of the NE. \ of sec. 35, T. 25,
R. 16.
On Februarv 7, 1900, I bought from John Scruggs, guardian of Lincoln Scruggs,
240 acres of land, described as follows: SE. \ of sec. 21, and the S. \ of the NE. \ of
sec. 21, and the S. h of the NW. \ of sec. 21, all in T. 24, R. 17, for which I paid $450.
On the 20th day of October. 1899, I paid $600 to William Dale for 320 acres of land,
being the N. h of sec. 18, T. 24, R. 17.
On the 29th of August, 1899, I paid Lewis and Ella Bibles $1,250 for 750 acres,
more or less, being the SW. } of sec. 14; the S. J of the NW. i of sec. 14; lots 1, 2,
156
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
6, 7, and S, in sec. 15; S. \ of the NE. !; the SE. 1; the NE. j of the SW. \, and the
S. £ of the SW. i of sec. 15; lots 3 and 5 in sec Hi, all in T. 24, R. 16.
On the 15th day of September, 1899, I paid C. A. Robison $750 for the W. i of the
NW. \ of sec. 3, and the E. .', of sec. 4, both in T. 23, R. 17.
On the 22d <>f June, 1899, I paid Henry C. Meigs and Mrs. F. J. Boudinot $500 for
560 acres of land, being the NW. | of sec. 18, T. 23, R. 15, and the NE. I of sec. 24,
T. 23, R. 14, and the E. i of the SE. \ of sec. 13, T. 23, R. 14.
On the 14th of August, 1899, I paid to D.
of sec. 27, and the S. h of the NE. \ of sec.
acres.
On the 17th of August, 1899, 1 paid John Hildebrand $225 for 200 acres of land, being
the NE. \ of sec. 35, and the NE. \ of the SE. \ of sec. 35, T. 24, R. 17.
On the 21st of August, 1899, I paid H. H. Bird $225 for the SE. \ of sec. 32, T. 24, R. 17.
On March 29, 1899, I paid John R. Mcintosh $1,250 for the NW. \ of sec. 32, and
the N. i of the SW. \ of sec. 32, T. 24, R. 17. being 240 acres.
W. and Ruth Rogers $350 for the SE. \
both in T. 24,' R. 17, containing 240
List of land of the Cherokee Nation set aside as the Delaware segregation, in accordance
with section 23 of the Cherokee agreement (Public — No. 241), approved by the President
Jut// 1, 1902, and ratified by the Cherokee Nation August 7, 1902.
1. Land shown to be selected and occupied by living registered Dela-
wares 26,870.34
2. Land shown to be selected and occupied by deceased registered
Delawares and now in possession of their descendants 3,203.68
3. Public domain 127,526.82
Total 157,600.84
Muscogee, Ixd. T., December SI, 1903.
The following-described land of the Cherokee Nation is hereby segregated as the
Delaware segregation of said nation, in accordance with section 23 of the Cherokee
agreement (Public — No. 241) , approved by the President July 1, 1902, and ratified by
the Cherokee Nation August 7, 1902; and this list is in substitution or amendment
of any other list or lists which have heretofore been considered by the Commission
in connection with said Delaware segregation.
Land selected oral occupied by tiring registered Delawares.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
1
105
104
140
248
974
975
720
416
Adams, Horace M.:
E. i of NW. i of SE. i
NE. i of SE. J
14
14
14
14
23
6
I
1
1
14
14
14
13
13
13
7
7
7
7
7
24
24
24
24
24
15
15
15
15
15
24
24
24
27
27
27
26
26
26
26
26
16
16
16
16
16
20
19
19
19
19
16
16
16
13
13
13
17
17
17
17
17
20.00
40.00
40.00
20. 00
40. 00
SW. i of SE. 1
W. | of SE. \ of SE. ;.
NW. i of NE. i
Adams, Richard ('.:
W. 16.85 of lot 5
160.00
2
16. 85
20. 00
10. 00
20. 00
20. 00
40.00
10.00
20. 00
E. 1 of SE. i of NE. i
SW. a of SE. 1 of NE. i
N.iof NE. 1 of SE. 1
E. i of NW. i of SE. i
S. i of S. | of NW. J
N W. i of NE. i Of SW. i
N.iof NW.; of SW. i
Ager, Mary:
S. £of N.i of NE. J
156.85
3
40.00
80. 00
40.00
S. i of NE. *■
N. .'. of N. .', of SE. {
Allen, Mary:
NW. i of NW. 1 of SE. {
160.00
4
10.00
SO. 00
10.00
20. 00
10.00
S. i of NE. i
NW. ; of NE. {
W. i of NE. i of NE. i
SE. i of NE. £ of NE. i
160.00
ALLOTMENT OF LANDS TO DELAWAEE INDIANS.
157
Land selected and occupied by living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Sec. Tp. R
171 470
277
S76
Anderson, Daniel:
W.iof E. .'. of SE.i .
W. i of SE. i
E.iofE. i of SW.; .
Anderson, Rachel:
W.i of W.i ofNW.j
E.iof NE. ;
E. iof W.i of NK. ;.
Armstrong, Albert P.:
N.iof NW.iof SE.
SW.{ of NE.i
E.iof NW.*
E. i of S\V. i of NW.
301 929
in
158
301
102
15
i::s
Armstrong, Annie E. :
SE. i of SE. i, less 3.00 for cemetery.
N. i of NE. i of SE. i
W.iof SE. i
E. | of NE. i of SW. i
Armstrong, Arthur:
W.i of NK. ; of NK. j
NW.J of NE.i
N. i of SW. 1 of NE. J
sw.; of sw.; of NE.
NE. ; of NW.J
N.j of se. ; of nw. ;
SE. ; of SE. |of NW.;
IDS
874
KM
602
49 977
135
Armstrong, Catherine A.:
SE. iof SW.;
sw.; <.f sw.; of sk. ;
NW. ; of NW.;of NK.
Armstrong, Henry:
ne.;.
Armstrong, Mary K.:
NW. ; of SK.'iof NW.
Lot 2
S.iof NE.i of NE.;..
SK. ;of NE.i
NE.; of SE.i
NK.; of SK. I of SE.i.
Armstrong, Solomon F.:
NE. 10.02 of lot 3
s.20of lot :;
n.j of sk.; of nw.; .
Arnold. Harrv:
S.| of sw.; of sk. ; ..
W.i of NE.i
sk.; of nw.;
E.i of NE.; of NW.;.
Barber, Carrie:
SE. i of NE. i of NW.
S. i of NW.;
n\V.; of sw.;
w.A of nk. ; of sw.;
nk. ; of NK. j of sw.
Barker, Lizzie \Y.:
N. iof sw.;
SE.lOof lot 3
E. 20 of lot 4
w.iof sk.; of sw.;
NE. i of SE. i of SW. ;
s.iof ne.; of sw.;.
677
Bascomb, Marv:
S.iof S.?, of SE.i
E.iof NE.i
NE. iof SW. iof NE.i
E.iof NW.iof NE.i.
NW. i Of NW. i of NE.
11
28
18
28
18
28
18
28
18
•js
IS
28
5
25
s
25
8
25
8
25
8
2f)
40.00
80. 00
40.00
40.00
80. 00
40.00
20.00
40.00
SO. 00
20. 00
37. 00
20. 00
SO. 00
20. 00
20. 00
40.00
20. 00
10.00
40.00
20. 00
10.00
40.00
10.00
10.00
10.00
38. 52
20. 00
40.00
in. no
10.00
10.02
■jo. on
20. 00
20.00
80.00
40.00
20. 00
10.00
80.00
40.00
20. 00
10.00
SO. 00
10.00
20. 00
20.00
10.00
20.00
40. 00
SO. 00
10.00
20. 00
10.00
100. 00
160. 00
158
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied !>>/ living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
T P .
R.
acres.
18
148
247
308
308
150
167
108
304
196
79
162
265
194
194
360
117
480
821
601
340
94
525
231
213
218
100
523
724
201
281
509
711
Beaver. Eliza:
NE. \ of SE. i of S\V. J
4
4
4
9
9
9
9
9
11
1
2
18
18
18
11
12
13
14
8
8
8
8
23
23
26
26
26
31
31
14
32
32
32
10
23
23
26
3
3
3
3
3
3
3
10
13
24
24
28
28
28
28
28
28
28
28
28
26
26
25
25
25
25
25
25
25
28
28
28
28
25
25
25
25
25
28
28
25
26
26
26
25
24
24
24
27
27
27
27
27
27
27
27
28
28
28
14
14
14
14
14
14
14
14
13
15
15
13
13
13
13
13
13
13
13
13
13
13
16
16
16
16
16
13
13
12
13
13
13
13
14
14
14
13
13
13
13
13
13
13
13
12
12
12
10. 00
10.00
40.00
40.00
20.00
10.00
20. 00
10.00
S. i of S. i of SW. i
NW. J of NW. i
N. .', of SW. J ofNW. I...
SE. i of SW. i of NW. i
W. .'. of NE. J of NW. i
NE. 1 of NE. ] of NW. i . .
Beaver, Elizabeth:
SW. ;
160.00
160. 00
19
40.00
SO. (Ml
20. 00
40.00
40.00
40.00
40.00
80.00
20. 00
20. 00
40.00
20
Bezion,Mary C:
SW. J
160.00
21
Bezion, Stephen:
SE. J
160. 00
22
Bigbeaver, Lens-sut-ta:
W. .'. of E. i of SE. J
W. J of SE. 1
E. i of SE. J of SW. i
23
Bixler, Amanda:
SE. 1 of SE. i
sw. \ of svv. ;
140. 00
NW. i of NW. i
NE. » of NE.i
24
Black, Alexander:
E. i of NE. |
160. 00
E. J of SW. i of NE. i
E.J of NW.J of SE. J ...
NE. J of SE. 1
Bratcher, Carrie:
E. 1 of SE. 1 of SW. i
160. 00
25
20. 00
10.00
80. 00
40.00
10.00
SW. J of SE. J of SW. J
E. | of nw. ;
E. i of W. i of NW. i
NW.J of NW.i of NW. J
Britton, Mrs. Minnie:
E. i of NW. ;
160. 00
26
80.00
83.32
80.00
20. 00
20. 00
40.00
Lots 1 and 2 (subject to deduction of 3. 32
27
Bronson, Julia:
S. i of NE. ;
163. 32
W. i of NE. i of SE. a
E. J of N W. i of SE. i
sw. ; of SE. ;
Brown. John:
SE. a
160. 00
160. 00
28
40.00
40.00
80.00
29
Brown, Julia:
sw. ; of se. ;
se. i of sw. ; . . .
E. i of NW. a
Brown, Mary:
SW. 10 of lot 3
160. 00
30
10.00
41. 05
40.00
20. 00
Lot 4
sw.; of nw.;
W. a of SE. ; of NW. a
Brown, William:
W. a of NE. J of SW. J
111.05
31
20.00
40.00
80. 00
20. 00
nw. ; of sw. ;
s. i of sw. ;
N. J of NW. J of NW. a
Buffalo. Lincoln: (Records of Commission do
notshowany land selectedand occupied.)
Buffalo, Thomas:
S. a of S. J of SE. a
160. 00
32
33
40.00
SO. 00
40. 00
N. 1 of NE. ;
N. ; of s. .'. of ne. ; . .
160.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
159
Land selected and occupied by liring registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
34
98
325
319
91
262
329
17
259
243
278
246
216
101
365
209
209
21
133
814
472
902
126
91
927
872
206
319
285
283
736
703
942
623
81
410
462
Buford, Jane:
E. 1 of E. i of SE. J
S. 20.50 of lot 2
13
18
18
18
18
36
36
36
18
18
20
20
21
21
27
34
16
16
16
25
36
36
32
13
13
24
7
8
5
4
34
16
21
20
16
32
19
19
20
20
1
1
12
12
2
2
2
26
26
26
26
26
20
20
20
29
29
22
22
22
22
20
20
24
29
29
25
25
25
25
27
27
27
25
25
25
25
27
26
26
26
24
23
26
26
26
26
28
28
28
28
27
27
27
12
13
13
13
13
12
12
12
16
16
14
14
14
14
13
13
13
15
15
16
16
16
21
16
16
16
16
16
16
16
16
14
14
14
21
13
13
13
13
13
13
13
13
13
12
12
12
40.00
20. 50
82. 12
10.00
10.00
NW.J of NE.J of SW.i
SW. i of SE. i of NW.i
(Subject to deduction of 2.64 acres.)
Bullette. George:
N. i of NE. i
162. 64
35
80.00
40.00
40.00
sw.i ni'XE.;
NW. J of SE. J
Bullette, John:
NW. 13.41 of lot 4, less 3.31 M., K. & T. R. R.
160. 00
36
10. 10
20.00
8. 43
16.94
20.00
10.00
33. 84
40.00
S. i of SE. » of SW. J
SE. i of NE. j of NE. }, less 1.57 K. 0. C. &S.
E. i of SE. i of NE. \, less 3.06 K. 0. ( '. & S.
W. '. of SW. J of NW. i
SW. J of NW. J of NW. i
SW. I of SW.J, less 6.16 St. L. & S. E. K. R.
NW. | of NW. i
(Subject to deduction of 0.31 acre. )
Caesar, Nancy:
SW.i.....
160.31
160. 00
37
60.55
80. 00
38
Captain, Betsy:
S.J of NE.J
Campbell, Emma J.:
NE. i of SE. i
140. 55
39
40.00
80. 00
40.00
N. i of NE. i
N. .'. of s. | of NE. i
Chandler, Rosa E.:
SE. i
160.00
160. 00
40
40.00
40.00
80.00
11
Childers, Nancy M.:
SW.J of SE. i
SE. J of SW. |
N. J of NW. i
Conner, Benjamin:
E. J of NE. i
160. 00
42
80. 00
80.00
W. J of NW. i
Conner, George:
E. J of SE. i
160. 00
80.00
13
40.00
40.00
80.00
44
Conner, John Q.:
SW.i
160. 00
45
Connor, Susan:
SE. i
160. 00
46
Curlevhead, Albert :
SW. i of SW. I
NW. i of NW. 1
E. i of NE. i
Davis, Elizabeth:
Day, James:
SW. i
160. 00
10.00
160. 00
47
48
20. 00
40.00
80.00
20.00
49
Dav, Katie:
S. i of NE. i of SE. i
SE. i of SE. i
S. J of SW. i
S. J of NW. J of SW. i
Drum, Ahpahmala:
SE. i of SW. i
160. 00
50
40.00
20. 00
80.00
20. 00
S. i of SW. i of SW. i
N. | of NW. 1
N.i of SE.i of NW.|
Easy, Widow J.:
S. 10.20 of lot 4
160. 00
51
10.20
20. 46
20. 00
W. i of NW. i of SE. i
50.66
160
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delawares — Continued.
No.
52
59
60
61
Card
No.
Reg-I
ister
No.
133
463
169
634
128
268
86
583
169
838
227
476
326
313
326
89
174
704
174
820
203
840
236
935
Name and description.
Easy, William J.:
SW. J of NE. |
W. .'. of SE.J
SW. i of SW. \
Elkhair, Charles:
SE. i
Elkhair, Eliza:
W..', of SE. i
E. i of SW. j
Elkhair, Pahleenow:
S. i of N. i of SE. J
S. i of SE. i
N. £ of N. i of NE. i
Elkhair, Susan:
SW.J less 10.71 K.O.C. & S. R. R. right of
way
Estes, Lorena T.:
S. i of NE. i of SW. i
SE. \ of NW. J of SW. I
NE. i of SW. i of SW. i
SE. i i if SW. i
sw. ; ofSE.j
N. h of NW. i of NE. i
Everett. Calvin:
W. | Of SW. i of NE. i
S. i Of NW. i
NW. | of NW. J
W. i of NE. i of NW. ;
Everett. Sarah:
Lots 1 and 2
N. i of SW. J- of SE. a
S. | of NW. i of SE. J
NW. £ of NW. i of SE. J
E. a of NE. a of SW. {
NW. ; of NE. a of SW. a (subject to deduc-
tion of 2.90 acres)
Fall-leaf. Eliza:
NE. | of SE. a of SW. a
N. a of SW. a of SE. a
N W. a of SE. a of SE. a
E. i of NW. i of SE. I
W. i of NE. i of SE. a
NE. a of NE. J of SE. a
Lot 1
N. 20.44 of lot 2
SE. 10 of lot 2 (subject to deduction of 0.90
acre)
Fall-leaf, George:
Lots 3 and 4
SW. 10 of lot 2
W. i of NW. i of SE. a
NE. a of SW. a
NE. J of NW. a of SW. J (subject to deduc-
tion of 0. 86 acre)
Fauts, Julius:
E.i of NW.a
!•:..'. of W.a of NW.a
E.a of NW. 1 of SW.a
W. a of NE. j Of SW. a
Fields. Sarah:
NW. : Of NW.Jof SW. j
S.Aof NW.a of SW.a
N. S i »f SW. ! i »f SW. a
SW. a of SW. i of SW. a
E. i of E. i of SE. a
NW.a of NW.a
W. .' i »f NE. \ of NW. J
Indian meridian.
Sec. Tp. R.
Acres.
10. 00
80.00
40.00
SO. 00
80. 00
40.00
80. 00
40.00
20. 00
10.00
10. 00
40.00
40.00
20. 00
20.00
80.00
40.00
20. 00
82. 90
20. 00
20. 00
10.00
20.00
10.00
10. 00
20. 00
10.00
20.00
20. 00
10.00
40.46
20.44
10.00
80.86
10.00
20. 00
40.00
10.00
SO. 00
40.00
20. 00
20. 00
16
10.00
16
20. 00
10
20. 00
16
10.00
16
40.00
16
40.00
16
20. 00
160. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
161
Land selected and occupied by living registered Delawares — Continued.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
64
85
146
143
116
60
32
30
31
100
114
107
41
29
320
106
376
378
868
446
944
947
943
948
541
669
29
344
899
511
260
Frenchman:
NW. i of sw.j
1
1
2
■>
13
13
14
14
14
22
22
22
22
22
34
34
2
2
3
3
3
7
4
4
5
3
3
4
4
8
8
34
34
15
15
22
22
22
22
23
23
23
2
9
9
9
9
27
27
27
27
27
28
28
28
28
28
2.S
28
28
28
28
28
28
23
23
23
23
23
25
25
25
25
24
24
24
24
24
24
26
26
\li
24
24
24
26
26
24
24
24
28
28
28
28
2.S
12
12
12
12
12
12
12
12
12
12
13
13
13
13
13
13
13
21
21
21
21
21
13
13
13
13
14
14
14
14
13
13
13
13
21
21
21
21
17
17
14
14
14
13
13
13
13
13
40.00
40.00
20. 00
10.00
40.76
10.00
20.00
80.00
10.00
40.00
80.00
40.00
20. 00
10.00
10.00
SW.J of NW. i
E. i OI SE. J of NE. i
NW. i of SE. i of NE. i
Lot 1
65
Frenchman. Frank:
NE. J- of NW.J of NW.|
150.76
W. i of NW. i of NW. i
N.4 of NE. i
NE. I of SW.i of NE. |
SE.iof NE. 1
66
Gibson, .lames W.:
N.i of NE. $
160. 00
NE. i of NW.j
E.iof NW. ; of NW.J
NE. i Of SW. i Of NW. i
NW. | of SE. | of NW. i
Gordon, Sophia:
W. i of SE. i
160. 00
67
80. 00
80.00
E. i of SW. i
Haff, Cyrus P.:
160. 00
68
80.00
80.00
S. | of NW. * \
Haff, Hiram:
NE. in acres of lot 5
160.00
ioToo
69
80.00
80.00
70
Haff, Mary:
S. i of NE. J
Haff, William (records of Commission do not
show any land selected and occupied).
Halfmoon, Fielding:
S. | of SE. i
160. 00
71
72
80. 00
20. 00
40.00
20. 00
W. i of NE. lof SW. j...
NW. J of SW. J
E. h of NE. i of SE. {...
Hall, Julia:
N. 19.61 of lot 3
160. 00
73
19.61
19.47
19.26
9. 14
10.00
80. 00
N. 19.47 Of lot 4
N. 19.26 of lot 1
NE. 9.44 of lot 2
SE. i of NE. i of SE. i
S. A of SE. i
Hallock, John:
W.| of NE.i
157. 78
71
80.00
80.00
E. i of NW. ;
Hawkins, Hester A.:
sw. ; of sk. ;
160. 00
75
40.00
40.00
40.00
40.00
SE. * of SW. *
NW. i of NE. i
NE. j of NW. |
Hicks, Lucinda < ».:
W.4 of sk. ;
160. 00
76
80.00
80.00
40.00
80. 00
40.00
E. A of SW. J-
77
Hundley, Margaret M.:
SW. J of NW. |
160.00
N. A of SW. i
NW. J of SE. i
Jackson, Colonel:
NW. i of NW. | of SW. |
160. 00
78
10.00
20. 00
80.00
40.00
10.00
S.iof NE. i Of NE. i
W.iof NE. i
SE. i of NE.i
160. 00
S. Doc. 104 11
162
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
i Tp.
R.
acres.
79
106
302
252
181
299
70
378
26
193
254
84
373
323
132
353
890
782
419
908
932
343
744
346
578
108
696
169
375
233
144
Jackson, Eliza:
S\V. } of NE. } of SW. i
2
2
2
11
11
28
24
24
24
23
26
25
1
12
12
12
15
15
16
16
22
23
23
27
25
26
26
32
32
32
32
32
32
32
32
5
7
7
7
7
18
18
36
36
36
36
35
35
35
28
28
28
28
28
26
26
26
26
26
26
26
23
23
24
24
24
24
24
24
26
26
26
26
27
27
27
23
23
23
23
23
23
23
23
22
28
28
28
28
28
28
28
28
28
28
28
28
28
28
13
13
13
13
13
16
16
16
16
16
16
16
21
21
16
16
21
21
21
21
16
16
16
16
13
13
13
16
16
16
16
16
16
16
16
16
13
13
13
13
13
13
13
12
12
12
12
12
12
12
10.00
20. 00
80.00
10.00
10.00
S. i of NW.} of SW. i
s..', of SW.}
N. .', of N. .'. of NW.}
SW. { of NW. } of NW.} ..
James, Lizzie: (Records of Commissi on donot
show any land selected and occupied.)
Journevcake, Isaac N.:
N. i of N. i
160. 00
160 00
;so
81
20. 00
10.00
40.00
40.00
10.00
40.00
82
S3
Ke ke she pa ke now: (Records of Commis-
sion do not show any land selected and occu-
pied ) .
Ketchum, Abraham W.:
W. i of NW. } of SW. }
SE. } of NW. } of SW. }
SW.} of SW. |
E. J of E. i of SE. }
SE.} of NE. } of NE.}
NW. } of NW. }
Ketchum, Elizabeth:
S. i of SW. }
160. 00
84
80. 00
80.00
N.i of NW. }
Ketchum, John R.:
W.} of NE. } .'
160. 00
85
80.00
80.00
E.i of NW}
Ketchum, Thomas E.:
S. i of SW. } of NW. }
160. 00
86
20.00
80.00
40. 00
10.00
80.00
40.00
20.00
20. 00
W. i of SW. }
E. i of E. i of SE. }
SE. } of SE. } of NE. }
87
88
Ketchum, Watson. (Records of the Commis-
sion do not show any lands selected and
occupied.)
Keys, Mary J.:
E. } of SE. }
150. 00
SW. } of SW. },
W. 1 of SE. } of SW. }
N. § of NE. } of NE. }
Kinney, John:
S W. } of NW. }
160. 00
89
40.00
80.00
40.00
10.00
20. 00
10.00
10. 00
20.00
10.00
20. 00
40. 00
19.96
S. i of NE. }
NW. } of NE. }
90
91
Kinney, John V. (Records of Commission do
not show any land selected and occupied.)
Lane, Lucinda E. :
SW. } of NW. } of NW. }
160. 00
W. £ of SW. } Of NW. }
SE. } of SW. } of NW. }
SW.} of SE. } of NW.}
W. } of NE. } of SW. }
SE. } of NE.} of SW.}
N. i of NW. } of SW. }
SE.}of SW.}
N. 19. 96 of lot 3
Lee, Mary:
W. i of NW. } of SE. }
159.96
92
20. 00
40.00
20.00
20. 00
20.00
20.00
20.00
NE. } of SW. }
W. i of SE. } of SW. }
E. 20 of lot 3
E. 20 of lot 4
E. 20 of lot 1
W.}of NE. } of NW. } ..
Lenow, Foster A.:
SW. } of NE. } of SW. }
160. 00
93
10.00
20. 00
20.00
10.00
40. 00
40. 00
20. 00
S. | of NW.} of SW.}
N.i of SW.} of SW.}
NW.} of SE. } of SW.}
SE. ' of NE.}
N. i of SE. } of SE. }
160. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
163
Land selected and occupied by hiring registered Delawares — Continued.
No.
94
LOO
Card
No.
338
274
51
Reg-
ister
No.
Name and description.
706
928
515
965
101
4
102
24
103
57
104
17
105
96
106
96
107
120
108
5
Mill
964
963
Indian meridian.
Sec. Tp
Lewis, Lucy D.:
NW.i of SW.i ...
N.iof N\V. i
N. i of S. i of NW.
Love, Mary J.:
S. 40 of lot 1
S. 40 of lot 2 .
N.iof SE.*
Love, Simon:
E.iof NE. i
E.iof SW.fof NE.
E.iof NW. i of SE.
NE'.iof SE.i
Lowrance, Adeline L.
SE. i
Lucas, Frank:
SE.iof SE.i
E.iof NE.i
E.iof W.i Of NE.
Lucas, Mary:
S.iof SW.]
N.iof NW.
Lumbard, Sarah E.:
S.iof SW.iof NE.i.
S.iof SE.iof NW.i.
NE.iof SW.J
NW.i of SE.i
NE.£of SW.i of SE.
Lundav, Edward E.:
W.'iof SE.i
S. i of NE. i of SW. i
SE. i of SW. k
N. 27.77 of lot 4
(Subject to deduction of 7.77 acres.)
109
1 55
941
Lunday, Robert J.:
S.| ofSE.i of NW.i.
N.iof SW.iof
SW.Jof SW±
W.i of SE.iSW.i ...
Lynch, Alice J.:
NW.|
McCamish, Sarah A.:
Lots 1, 2, 3, and 4 ...
W.A of SE.iof SW. i
McEwin, Susan.:
SE. i ofSE.i of NE.;.
N.iof SE. |
SW.iof SE. i
W. i of SE. | Of SE. i . .
NE. i of SE. i of SE. i
McEwin, William:
SE.| of NE. |..
NE. i ofSE.i..
sw.iof SE. ;..
SE.iof sw. ;..
Mali \\a taise (records of Commission do not
show any land selected and occupied.)
.Marker, .lane:
SW. ; ( .f s\V. ! -of NE. i
E.iof NW.|
NW.i f sw.i
N. i of SW. i of N W. i
SE. { of SW.iof NW.I
Marker. John I).:
W.| ofSW.i of SE.
S. i of SW. |
E. i of SE. i of SE. J
NE. iof NE.i
35
Total
acres.
40.00
80.00
40.00
40.00
40.00
80. 00
80. 00
20. 00
20. 00
40.00
40.00
80.00
40.00
80.00
80.00
20.00
20. 00
40.00
40.00
10.00
80.00
20. 00
40.00
27.77
20. 00
80. 00
40.00
20. 00
132. 84
20. 00
10.00
80.00
40.00
20. 00
10.00
40.00
40.00
40. 00
40.00
10.00
80. 00
40.00
20. 00
10.00
20.00
80.00
20.00
40. 00
164
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delaware* — Continued.
No.
Card
No.
Reg-
Lster
No.
Name and description.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
110
370
231
291
164
272
220
344
295
20
125
188
204
339
195
401
626
381
898
505
506
90
871
406
921
60
257
715
Marshall, John:
E. \ of NE.£of NW. \
25
25
18
27
27
27
27
11
6
6
6
6
7
7
25
25
25
24
24
14
14
23
23
23
8
17
17
1
12
12
16
16
16
16
17
17
18
18
19
20
29
29
29
29
29
10
16
21
10
10
10
9
9
25
25
25
25
25
25
25
25
26
26
26
26
26
26
29
29
29
29
29
25
25
25
25
25
26
26
26
26
26
26
27
27
27
27
26
26
26
26
26
26
28
28
28
28
28
24
24
24
28
28
28
28
28
13
13
16
16
16
16
16
13
16
16
16
i<;
16
16
16
16
16
16
16
16
16
16
16
16
23
23
23
12
12
12
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
17
17
17
13
13
13
13
13
20.00
10.00
NW. ; of NE. ; of NW.J
Miller, Andrew:
SE. i
30.00
160.00
111
.SO. 00
20.00
10.00
20.00
20. 00
20.00
10. 00
20.00
20. 00
40.00
112
Miller,Jesse:
N. a of SW. |
E. | of SW.J of SW. ;
SE. 1 of SW. J
W. A of SW. J of SE. i
113
Miller. Silas:
SW. i
160. 00
160. 00
114
Miller, Stephen A. :
E. 20 of lot
E. 20 of lot 7
SE.iol'SW.i
S. A. of NE. 1 of SW. ;
E. 20 of lot 1
NE. | of NW. i
Nairn, Mary:
N.iof NE. ;
160. 00
115
80.00
10. 00
10.00
20. 00
10.00
sw. j of NE.1
NE. } of NE. i of NW. |
S. i of se. ; of SW.i
NE. 1 of SE. ; of sw.;..
Newcomb, Thomas:
S. i of SE. ; of SE. I
160. 00
116
20. 00
10.00
80. 00
40.00
10.00
SE. ; of SW. i of SE. i
N.iof NE.J
N. | of S. A of NE. J
NE. i of SE. i of NW. £
Nicholas, William W.: (Records of Commis-
sion do not show any land selected and
occupied.)
Nidiffer, Mary R. :
N. i of NW. ;
160. 00
117
118
80.00
40.00
40.00
NW. i of SE. i
N. A oi'N.i of SW. ;
Overlees, Carrie V.:
E. A of S W. J of SW. ;
160. 00
119
20.00
20. 00
10. 00
40.00
20. 00
40. 00
10.00
10.00
40. 00
20. 00
40. 00
20. 00
20.00
E. A of NW. i of NW. i
se.; of sw. ; of NW. ;
W.A Of W. A of sw. ;...
S. A. of sw. ; of ne. ;
NW. ; of si-;. ;
nw. ; of sw. ; of se. ;. . .
120
Paradee, Annie:
sw. ; of nw.; of sw. ;
160. 00
sw.; of sw.;
S. A of NE. ; of SE. ; ..
SE. | of SE. |
E. A of NE.J of NE.;
w. ■ of nw. ; of nw. ;
Parker, Jobe B.:
sw. ; of se. ;
150. 00
121
80.00
40.00
20.00
10. 00
10.00
40.00
80.00
40. 00
E. A Of NW. j of se. ; . . .
SW.; of nw. ; of se.; ..
se. ; oi'se. ; of sw.;
122
Parker, Mary:
S. i of N. £ of SE. 1
160. 00
s. | of SE. ;
NE. 1 of NE. ;
Parks. John:
w. a of sw. ; of se. ;
123
10.00
20. 00
40.00
40.00
36.96
e. a of se. ; of sw.;
n e. ; i if sw. ;
s w. | of se. ;
SE. ; of of SW. ;, less 3.04 K. 0. C. <& S. R. R.
156. 96
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 165
Land selected and occupied by living registered Delawares— Continued.
No.
124
125
Reg-
ister
No.
Name and description.
395
40
S3
128
129
269
130
230
131
255
132
256
133
351
134
207
135
136
126
307
850
952
320
296
556
138
139
llll
310
310
Pascal, John: I Recordsof Commission do not
show any land selected and occupied.)
8 NE.i'of NE.i less 4.41 K.O.C.& S.R.R.
right of way
NW.; of NW.i Of SE.i
E. i of W. i of SE. J
SE.iof SE.iof
S. i of NE. i of SE. i
NW. i of NE. i of SE. i
Peacock, Lizzie:
S.iof SW.iof S\V. I ..
S^ of SE. J of SE.i ....
SE.iof SW.J of SE.i .
NE. 1 of NE.i of
NE. i of SE. i of NE. i .
W.iof SW.iof NW. J
NW.i of NW.i of
.SMC,
33S
Peterson, Eliza;
SE. i of NE. i of
E. i of SW. i of NE. i . . .
SW.i of SW.i of NE.i.
NW.i of SE.iof
N.i of s\v. ; of SE.i ...
W.i of NE. i of SE. i...
NE.iof NE.iofSE.i-.
Indian meridian.
Sec. Tp. R.
Pom mah pun aqua: (Records of Commission
do not show any land selected and occu-
pied, i . .
Qua tuck a che: (Records of Commission do
not show any land selected and occupied.)
Randall, Frank H. (Records of Commission
do not show any land selected and occupied. )
Randall,. James T.:
SW.i :--.---
Roberts, Luella C. (Records of Commission
do not show any land selected and occupied.)
Sareoxle, Jefferson D.:
SE.i
Sarcoxie, John:
SE.iof SW.i
N W. i of SE. i
S. i of SE. i
Sarcoxie, Mary D.:
SE.{
Secondine. Filmore:
S. i of NW.i
N.i of N.i of SW.
SE. lof NE.i....
Secondine. John:
W. i of SW. i of SE.
SE. i of SW. i
S. i of NE. i of SW. ;
W.| of SW.i
Secondine, Ruth:
N.i of NW.i Of.
S.iof NE.i of..
Secondine, Simon:
S. 20 acres of lot 1 . . .
S.20 acres of lot 2 ...
N.i of SW.i of NE.i
SE. i of SW. i of NE. |
SE. | Of NE.i f
NE.; of SE.i f
NE. i of NW. i Of SE.
Shailer, William H.:
W.| of NW.i of SE.i
E. i of NE. i of SW. i
E. i of NW. i Of
SE.J Of SW.i f less 2.70 M.K.&O.R.R.
right of way -
26
35. 59
10.00
40. 00
40.00
20. 00
10.00
20. 00
20. 00
10.00
40.00
10. 00
20. 00
40.00
Total
Acres.
40.00
20. 00
10.00
40.00
20. 00
20. 00
10.00
40.00
40.00
80.00
80.00
40.00
40. 00
20. 00
40. 00
20.00
80. 00
80.00
80.00
20. 00
20. 00
20.00
10.00
40.00
40.00
10.00
20.00
20. 00
80.00
37.30
155. 59
160. 00
160. 00
160. 00
160. 00
160. 00
160.00
160. 00
157. 30
166
ALLOTMENT <>E LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name ami description.
Indian meridian.
Acres.
Total
See.
T P :
R.
acres.
141
345
294
260
4s
261
182
263
271
263
271
157
131
90
90
87
349
580
879
203
946
205
882
796
460
545
517
360
235
476
982
627
(175
shaw. James:
NE. J of
3(5
4
1
36
36
8
19
19
6
6
6
6
6
28
19
19
19
24
21
36
36
36
36
11
27
27
27
27
11
14
15
15
15
15
15
15
16
16
36
6
6
6
6
6
6
ti
13
24
24
28
26
26
27
27
25
24
24
23
23
23
23
23
23
21
21
21
21
21
27
27
27
27
26
26
26
26
26
26
26
27
27
27
27
27
27
27
27
27
25
25
25
25
25
25
25
26
26
26
13
16
16
15
15
15
22
22
16
16
16
16
16
15
13
13
13
12
12
15
15
15
15
15
15
15
15
15
15
15
13
13
13
13
13
13
13
13
16
15
15
. 15
15
15
15
15
12
12
12
80.00
20. 00
40.00
20.00
160.00
142
Smith. George F.:
N.£of SW. J of
E. .'. of SE. ; of SW. j
sw. : of sw. : <>f
\v. J of SE. ', of SW.i
smith. SallieO.:
sw. ; of
Smith, Sarah:
N. .'. of SE. \ of
160. 00
160. 00
143
14!
80.00
62.90
Smith, William C:
W. £ of NW. i of NW. i of SE. i
142.90
145
5.00
10.00
80. 00
20.00
39. 69
5.00
20.00
10.00
79.81
40.00
10.00
SW.i of NW.i of SE.i
E. .'. of sw.|
E. 20 acres of lot 6
SE. j of NW. i of NE. i, less 5 occupied by
146
Spybuck, Mary:
w . I of RE. : of NW.i
159. 69
SW. -J of NE.i of NW.i...
SE. i of NE. i
NE.i of SW.i of NE.i
Stout. Eliza:
NW. \ of SE. i of
159. 81
147
40.00
20.00
80.00
20. 00
S. i of NE. i of SE. i
S4 of SE.i of
E. .'. of SE.| of SW.i
Stout. John R.:
NW.| of
160. 00
160. 00
148
20.00
SO. 00
20. 00
40. 00
80.00
80. 00
149
Stout, John W.:
S. i of SW. i of NW. {
x. \ of sw. ; of
E. .'. of SW. j of SW.i
SE. | of SW. { of
150
Stout, Susie:
E. 1 ofsw. ;- of
160. 00
N. \ of NW. : of
Swannock, Jonas:
w..i of se. ; of NW.;
160. 00
i51
20.00
20.00
10.00
10.00
40.00
10.00
10.00
40.00
E. i of SW. i of NW. i
sw. ; of sw. ; of NW.i
NW. i of NE. i of SW. 4
NW. i of SW. -1 of I
NW. i of SW. i of SW. |
SW.I of SE. 1 of SE.i
!■:.'. of E. A of SE.i
Swanock, Martha. (Records of Commission do
not show any land selected and occupied.)
Tanner, Charles V.:
SW. j of
Tanner, Ida F.:
W4 of SW.} of NE.i
160. 00
160. 00
152
153
154
20.00
20. 00
10.00
20.00
40.00
40.00
10.00
SE. L0 acres of lot 4
E.20 acres of lot 5
SE.i f x\v. ; ,,f
NE. ; of SW. \ of
Thursday, Mary:
SE. :'of SW, ! less 3.14 K. 0. C. & S. R. R.
160. 00
155
36.86
38. 21
77.17
NW. : of NE. ; less 1.79 K. 0. C. & S. R. K.
E. 1 of NW. j less 2.83 K. 0. C. & S. R. R.
Washington, Cyrus. ( Records of Commission
do not show any land selected and occupied.)
152. 24
156
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delaware^— Continued.
167
No.
Card
No.
53
Reg-
ister
No.
Name and description.
His
Cher.
4278
158
159
100
161
L62
163
165 156
93
His 160
169
170
171 118
Washington, Edson:
E. i of NW.J of .
Lots 1 and 2
193
Washington, George:
S.iof NW.; of SE. :
s.i of SE.J of
N. .' of NW.J- of NE.
XE.iofNE.i of....
Washington, James:
- : of SE. ;of n\v. ;..
NE. ; of SW.J of
W.A of NW.J of SE. :.
951
165
920
Washington, Mary:
Lois : : ; nml i
E. A of SE. | of
(Suhject to deduction of 0.84 acre.)
Washington, Mrs. Thomas:
sw. : of SE. j <>f
SE.; of SE. } of SW.*...
NE.i of NW.J of
NE. 1 of SE. 1 of NW.]..
NW.| of NE.i of
NW.;- of NE.iof NE.i.
Washington William
s. | of NE. ; Of
N.iof SE.iof
Weaver, Marv:
SE. 1 Of SE. j of SW. j
W.: 1 . of NW. 1 of NE.
SE. | Of SW.| of
NE. ; of ne. ; of
NE. i of SE. i of NE.
sw.; oi nw.; of....
Webber, Hannah:
ne.; of
Wheeler, Robert:
se.; of ne. ; ofsE. ;
N.| of N.iof se.;...
S.I of sk. : of NE. ; .
NW. : of se. ; of ne.
sw. : of NE.;of
Lot 2
White, Mary:
NE. i of SE. I of .
N. i of sw. ; of . .
se.": of sw. ; of
Indian meridian.
Sec. Tp. i R.
773
'.17s
White, Mary:
NW.; less 4.17 K.O.C. & S. R. R. right of
way of.
White. William: (Records of Commission do
not show any land selected and occupied.)
Whiteturkev, Albert;
ne.; of se. ; of se. ;
SE. i Of NE. ; of SE. I
S.| of N.| of SW.i
S.i of SW.i f
N.iof NE. ; of nw.;
Whitet ^rkev, Dutch:
S.i of N. A of SK. ;...
s.i of se.; of
S.i of SE.i of sw. j
NE. ; ofsE. : of SW.
SE.J of NE. ; of SW.
Whiteturkev. Josephine:
w.i otsE.; of
S.i of SW.i of sw. ; .
N.| of nw.; of nw.;
N. '-. of N.| of ne. ; ..
7
26
7
26
s
26
8
26
17
26
18
27
18
27
18
27
is
27
18
27
Acres.
80.00
75. 52
20.00
80 00
20. 00
40.00
20.00
40. 00
20. 00
Ml. Sl
80. 00
12
40.00
12
10.00
12
40.00
12
10.00
12
40.00
12
10. 00
12
80. 00
12
80.00
19
10. 00
19
20.00
20
40.00
20
40.00
211
10.00
20
40. 00
13
14
10.00
14
40. 00
14
20.00
II
10.00
14
40.00
14
39. 77
17
40. 00
17
80.00
17
40.00
13
13
10.00
13
10.00
13
40.00
13
80.00
13
20.00
13
40.00
13
80.00
13
20.00
13
10. 00
13
10.00
13
80.00
13
20.00
13
20. 00
13
40.00
160. 00
168
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land selected and occupied by living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name and description.
Indian meridian.
Sec. Tp.
K.
172 118 79
173
174
175
176
177
178
179
192
185
305
77
si'
75
642
Whiteturkey, Robert:
S.iof N.-S of SE.}
S.| of SE. | of
-!..; Of SW.} less 11.11 M. K. & <>. R. R.
right of way
Whiteturkey, Samuel:
NW.} of NE.} niSW.i
W. i of NW. i of
SE.} of NE.iof
S. i of NE. } of NE. J
NW. } of NE. i of NE.}
Whiteturkey, Widow. (Records of Commission
do not show any land selected and occupied.)
Will ev, John R.:
SE. £ of SE. i of SE. }
SW.} of s\v. ; of SW.J
S. i of NE. } of SE. }
NW.; of SE.} of
S. i of SE. i of
Williams, Samuel:
SE.} of SW.j of
E.| of SW.} of..
SW.iof SW. | of
55
268 732
Williams. Mrs. Samuel:
NE.iof SW.J of NW.}
E. I of NW. } of NW. }
NE. £ of NW. }
W. | of NW. } of NE. }
W. J of SE. | less 10.41 K. O. C. <fc S. R. R.
right of way
144
181
599
340
Wilson, Amanda:
S. 1 of SW. } of NW. }■.
W.| of SE. }ofSE. }..
SW. i of SE. }
N.iofNW.}
Wilson James:
NE.'}of NW. }
E.iof NW.}of NW.}
NE. i of SW. } of N W. i
S. i of SW. } of NW. } .
W.| of SE.iof NW.}.
NE. £ of SE. £ of NW. }
NW.}of NE.} of sw.
SE. } Of NW. } of SW. i
N.| of NW. | of SW.
Wilson, Jane:
NW. i of NE.} of SE.}
NW.} of NW.£of SE.
E.iof NE.} of sw.; .
SE.} of SE. } of NW.}
W.Aof NE. }
N.iof NE. i of NE.}.
SE.iof NE.} of NE.}
Wilson, Joshua:
NW.}of NW. }
W. i of SW. i of NW. }
NW". }of NW. } of SW.
NE. i Of NE. } of SE. }
E.iof NE.}
Wilson, Lizzie:
SW.} of NW.}of SW.
SW.] of SW.}of
SE. }of SE. } of
S. | of NE. } Of SE. } .
NE. ! Of NE. i Of SE.
SE. } of NW.} of SE.J
E. | of sw. ; of SE }.
NE. }of NE. } of NE.
15
i.;
10.00
]:;
80.00
13
39.56
13
10.00
l:;
80.00
13
40.00
l:-;
20. 00
13
10.00
14
10.00
11
10. 00
14
20.00
1 1
40.00
14
80.00
13
40.00
13
80.00
13
40.00
13
10.00
l:;
20.00
13
40.00
13
20. 00
13
09.59
16
20.00
16
20. 00
16
40. 00
16
80. 00
13
40.00
13
20.00
13
10. 00
13
20.00
13
20. 00
13
10.00
13
10.00
13
10.00
13
20. 00
17
10.00
17
10. 00
17
20. 00
17
10. 00
17
so. no
17
20. 00
17
10.00
17
40.00
17
20. 00
17
10. 00
17
10.00
17
SO. 00
13
10.00
13
40.00
13
10.00
13
'JO. 00
13
10.00
13
10.00
13
20.00
13
10.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
169
Land selected and occupied by living registered Delawares — Continued.
No.
Card
No.
Reg-
ister
No.
Name arid description.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
183
78
130
343
184
111
72
149
149
224
71
71
232
279
722
841
747
136
487
127
437
709
303
35
219
229
967
Wilson, Mary:
W.| of Sff.iof NE.i
12
12
12
12
12
26
13
13
13
7
7
7
7
7
7
3
3
3
12
12
12
12
12
1
1
1
1
12
12
1
1
1
1
36
36
36
36
36
36
36
30
30
30
27
27
27
27
27
25
28
28
28
27
27
27
27
27
27
28
28
28
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
28
28
28
28
28
28
28
27
27
27
13
13
13
13
13
16
12
12
12
14
14
14
14
14
14
19
19
19
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
16
16
16
20.00
80. 00
10.00
40. 00
10.00
E. i of NW. i of
NW. i of NE. i of SW. 1
NW. i Of S W. i of
NW.; of SW.£of SW. 1
Wilson, Nancy. (Records of Commission do
not show any land selected and occupied.)
Wilson, Thomas:
NE. i of
160. 00
160. 00
184
185
40. 00
80. 00
40.00
186
Wilson, William:
SW. } of NE. i of
N. 1 of SE. a of
N. i of S. i of SE. i
Winda la a qua:
E. 20 acres of lot 2
160. 00
187
20. 00
20. 00
40.00
40. 00
20. 00
20. 00
E. 20 acres of lot 3
NE. i of sw. i of
NW. ; of SE. J-of
S. A of SW. * of NE. i
S. i of SE. k of NW. i
Wolfe, Henry:
SE. J of N W, j « »f
160. 00
188
40.00
80.00
40.00
S. i of NE i of
NW. i of SE. J of
Yellowjacket, John:
W. | of N W. i of NE.i
160. 00
189
20.00
40.00
10.00
80.00
10.00
SW. 1 of NE.i of
NE.i f NE.i of SW.J
E. i of NW. i of
NE. i of SW. { of NW. i
Yellowjacket, Ora:
W. .', of W. ,'. ni 'SE. J
160. 00
190
10. 00
20.00
40.00
20.00
20. 00
20. 00
S. iof NE. J- of SW.i...
SE. i of SW. i of
E. i of SW. i of SW. i
E. i of XW.i of NW.J
E. | of nw. ; of NE. ;
Yellowleaf, Sarah: (Records of Commission do
not show any land selected and occupied.)
Young, Ella:
NE. i of SE. i of NE. a
191
192
10.00
20. 00
10. 0(1
80.76
N.a of s\V. J of NE.a
SE. 1 of NW. a of
Lots 2 and 3
Young, John:
E. a of NW. $ of NE. i
193
20. 00
20. 00
10.00
20. 00
40.00
40.00
10.00
E. A of sw. l of NE. 1
sw ■ of sw j of NE ;
W. 1 of NW. ! of SE. 1
SW. J of SE. | of
E. a of E. | of SW. i
SE. j of SE. \ of NW.J
Zane, Matilda:
SE. J of NE. a of
160. 00
194
40. 00
SO. 00
40.00
N.a of SE. } of
NE. 1 of SW. a of
Zeigler, Henry W. : ( Rec< irds of ( 'ommission do
qi it show any land selected and occupied. )
Total
160. 00
195
26, 870. 34
170 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land s, h cted and oeeupu d by d. ceas< d registi n d D. teuwn », <""' «""' '" possession of iheb
deso, ndants.
No.
Regis-
ter No.
486
Indian meridian.
Anderson, John:
N. .'. of SE. ! of NW
N\V. ! of SW. ; of N'K. !
SW.] of NW. I of NE. 1
W. .'. of SE.iofNE.i-.
651
342
Collup pe now:
X.J ofN.Aof
Wen ge pah ke coho:
SE.]of
Ketchum, James:
S.iofNW.iof SW.i..
S.iof NE.iof SE.]...
SE.iofSE.i
E. 20 acres, lot 8
SE.J of NW.Jof SE.i-
Li it 1 Of
Lot2of
893
Day, Lillie:
SE. I of SE.i.
SW.iof SW.]
NW.] of NW.
NE. ] of NE. ]
Miller, Andrew:
W.J of SW.] of SW.]...
SW.] of SE. S of SW
W. | of E. | of NW '
W.i of NW.]
Love, Solomon:
E. * of SW.]
S.iof SE.] .
654
10
Sarcoxie, Elizabeth:
SE.] of NW.{
NE. ]of SW.]
NW. ] of SE. ] of SW.
NE ] of SW.] of SW.
NW.] of SW.]
E. | of SW. ] of NW. ]
Secondine, Thomas:
N.i of SE.] of NE.]
238
13
92
971
175
SW.]of NE.] of NW.]
NW.i of SE. ] of NW.]
Sec.
E. 20 acres, lot l I L
s. \ ..INK. S of NW.i <
\r "i nf SF. i of NW. I ' L
NE.]of SE.] of NE.] '
SE.] of NE. ! of NE.] '
NW. | of NW.;
Bis; John,. Tames:
" N.iof SE.iof SW.i.
S. * of NE.]of SW.].
NE. ] of NE.]of SW.
S. j of sw. s of NE.] .
NW.i of SE.]
N.i of SW.] of SE.].
NW.] of SE. ] of SE.
W. ! of NE.]of SE.]
White, Eugene:
SW.]
Adams, William:
SE. ] of SE. ] of
sw. s of sW.i
Lot 3 .--,-- :•
l...i t (subject to deduction oi 4.34aeres).
Arnold, Betsy:
NE.] of NE.]
N. I of SE.] of NE.]..
SW.] of SE.] of NE.]
S.iof SW.]of NE.]..
N.". 1 . of NW.] «,f SE.] .
E.i of NE.] of SW.]..
SE.]of SE.]of NW.].
Tp.
SE.]of SW. ] of SW.i ■*
QW I of SF. i of SW.i *
33
K.
13
Acres.
20. 00
20.00
20.00
io.oo
10.00
20.00
10.00
10.00
40.00
5
24
5
24
30
26
30
26
30
26
30
•JO
30
26
30
26
30
26
Total
20. 00
20.00
40. 00
20.00
10.00
3t i. 50
9. 40
W. 00
40.00
40.00
40. 00
20. 00
10.00
10.00
40.00
80.00
80. 00
80.00
40. 00
10.00
10.00
10.00
40.00
20. 00
19
20. 00
19
10.00
19
10.00
12
20. 00
12
20.00
12
10.00
12
20. 00
12
40. 00
12
20.00
12
10. 00
r.-
•jo. Illl
is
17
40.00
17
40.00
17
n. 28
17
12.06
13
10.00
13
20. 00
13
10.00
13
20. 00
13
20. 00
13
20. 00
13
10.00
100. 00
160.00
160. 00
155. 90
160.00
160. 00
160. 00
160.00
40. 00
ItiO. 00
160.00
164.34
140.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
171
Land selecU d and occupied by deceased registered Delawares, and now in possession of their
descendants — Continued.
No.
Regis-
ter No.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
14
407
57
586
239
585
930
403
358
596
Armstrong, Lillie A.:
sw.i of SE. i oi s\V.i
1
1
1
12
12
12
31
32
32
14
14
14
14
23
25
25
25
25
26
26
24
24
25
25
25
18
18
18
18
19
19
19
18
19
19
36
4
4
4
4
26
26
y,
26
26
26
28
25
25
25
25
25
25
25
'-!•'>
25
25
25
25
25
25
25
25
25
25
25
25
25
26
26
26
26
26
26
26
27
•jr.
26
26
26
12
12
12
12
12
12
13
17
17
16
16
16
16
16
16
16
16
16
16
16
16
16
16
36
16
17
17
17
17
17
17
17
17
17
17
12
16
16
16
16
10.00
20. 00
20. 00
68.38
20. 00
10.00
E. A Of SE. A Of SW.i
S. | of S\V. A of SE. A
N. J of NE. J, less 7.52 K. O. C. & S. and 4.10 M.
K.cfc O.R.R. riglit of way
E.iof NE.f of NW. J
NW. i of NE. i of NW. i
Kat pick see:
NE. 1
148.38
160 00
15
40.00
10.00
40.00
10.00
20. 00
20.00
20. 00
16
Worrell, Matilda:
NE. i of NE.;
NE. i of NW. i of NE. i
N W. i Of SW. i
SW.J of N'E.i of SW.i
E. i of SW. i of SW. 1
W. i of SE. A. of SW. A.
N. A of NE. A. of NWA.
Wilson, Mrs.:
N. A of SW. i ( if SE. i
160. 00
17
20. 00
20. 00
40.00
10.00
■jo. mi
20.00
\V. A of NW. J hi SE.i
NE.ii ,f sWi
W. i of W.Aof NW. i...
W. | of NE. i of SE. i
E. i of N W. i of SE. i
Worrell, William:
W. i of SE. i of SW. |
160.00
18
20.00
jn.no
40.00
40.00
20. 00
s. i of s\v. i of sw. i
E. A of W. 4 of NW. |
NE, | of NW. i
W. i of SE. i of NW. i
Carey, Cora L. :
\V. A of W. 4 of SE. i
140. 00
19
40.00
80. 00
39.66
17.00
38. 50
40.00
10.00
20. 00
20. 00
10.00
E. i of SW. i
Lot 4
20
Armstrong, Charles EL:
E. 20 acres of lot 4, less 3 acres reserved for cem-
159. 66
Lot 1
NE. i of NW. i
N E. i of SE. i of NW. i
S. A of SE.I of NW. -]
N. '. i if NE. | of SW. |
N E. i of NW. I of SW. |
Swannock, John:
W. 1 nf SW. i of N W. i
155. 50
20. 00
21
39. 91
39.99
20. 00
40. 00
22
Wright, Ben F.:
Lot 1
Lot 2
N.£ of SW.i of NE. i
SE.I of NE. i
Total
139. 90
3, 203. 68
Public Duma in.
TOWNSHIP 14 NORTH, RANGE 21 EAST, INDIAN MERIDIAN.
Section 1: Acres.
S. * of NW. } and lots 3 and 4 159. 34
s. \ 320. 00
479. 34
Section 2:
Mof NE. 1 and lots 1 and 2 158.85
Section 3:
S.iof NE.| and lots land 2.. 157.72
172 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 4: Acres.
S.£of NW. | and Lots 3 and 4 156.52
Section 5:
S. \ , A NE. 1 and lots 1 and 2 156. 89
S. I of NW. 1 and lots 3 and 4 157.63
314.52
Section 6:
S I-:. 1 i )f NW. | and lots 3, 4, and 5 157. 78
Section 7:
E. \ of SW. \ and lots 3 and 4 156. 83
s i-;. i 160. oo
316.83
Section 9:
S.£ 320.00
Section 10:
N W. 1 160. 00
S.| 320.00
480. 00
Section 11:
NE. I 160. 00
Section 12:
W. i 320.00
Section 13:
N. * 320. 00
SW.] 160.00
4S0. 00
Section 14:
SE.^ 160.00
Section 15:
NE. J 320. 00
Section 16:
NW.i 160.00
Section 18:
E. i of NW. I and lots 1 and 2 157. 06
SE. \ 160. 00
317. 06
Section 19:
E. i 320. 00
Section 21:
Si:. > 160. 00
Section 22:
NE. | 160. 00
SW. \ ■_ 160. 00
320.00
Section 23 640. 00
Section 24:
NW. J 160.00
8. } 320. 00
480.00
Section 25 640. 00
Section 26:
N W. J 160. 00
S. J 320. 00
480. 00
Section 27 640. 00
Section 28:
NE. ) 160.00
S. * 320.00
480. 00
Section 29:
W. \ 320. 00
Section 30:
Y.J, 320.00
Section 31:
NE. \ 160.00
E. J of the NW. I and lots 1 and 2 157. 98
E. h of SW. S and lots 3 and 4 158. 74
47b. 72
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 173
Acres.
Section 32 640. 00
Section 33:
N. i 320. 00
SW. i 160. 00
480. 00
Section 34 640. 00
Section 35 640. 00
Section 36:
NE. i 160. 00
S. i 320. 00
480.00
TOWNSHIP 14 NORTH, RANGE 22 EAST, INDIAN MERIDIAN.
Section 1:
S. i of NE. I and lots 1 and 2 160. 41
S. iof NW. Jand lots 3 and 4 161.23
BE. 1 160. 00
481. 64
Section 2:
S. * of NE. I and lots 1 and 2 161. 13
SE. } 160. 00
321.13
Section 3:
S. h of NW. \ and lots 3 and 4 159. 30
Section 4:
S. * of NE. \ and lots 1 and 2 159. 50
S. * of NW. I and lots 3 and 4 160. 10
SW., J 160.00
479. 60
Section 5:
S. \ of NE. \ and lots 1 and 2 160. 24
S. * 320.00
480. 24
Section 6:
S. \ of NE. \ and lots 1 and 2 159. 87
SE. J. 160.00
E. \ of SW. \ and lots 6 and 7 155. 70
475. 57
Section 7:
E. \ 320.00
Section 8 640. 00
Section 10:
NE. \ 160. 00
Section 11:
N. \ 320.00
SE. I :. 160.00
480. 00
Section 12:
NW. i 160. 00
SE. i 160. 00
320. 00
Section 13 640. 00
Section 14 640. 00
Section 15:
SE. \ 160.00
Section 16:
NW. i 160.00
SE. J 1 60. 00
320. 00
Section 17:
E. i 320. 00
Section 18:
SE. i 160. 00
E. * of SW. \ and lots 3 and 4 156. 72
316. 72
Section 19 633. 84
174 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 20: A,r, ~
X. .'. 320.00
Section 21 :
NE. 1 1 60. 00
Section 22:
NE + 160. 00
Si 320.00
480. 00
Section 23 640. 00
Se« t ion 24 640. 00
Section 26:
N:4 320.00
SW I 160. 00
480. 00
Section 27 640.00
Section 28:
E. * 320.00
Section"29:
S h 320.00
Section 30 636.28
Section 31 638. 77
Section 32:
NE.i 160.00
S.A 320.00
480.00
Section 33 640.00
Section 35 640. 00
Section 36:
S. 1 320.00
TOWNSHIP 15 NORTH, RANGE 22 EAST, INDIAN MERIDIAN.
Section 1 :
S. £ of NE. \ and lots 1 and 2 159. 88
S. \ of NW. J and lots 3 and 4 159. 64
319. 52
Section 3:
SW. \ 160. 00
Section 4:
S. \ of NW. i and lots 3 and 4 160. 20
Section 5:
SE. \ 160. 00
Section 6:
E. i of SW. \ and lots 6 and 7 150.74
Section 7 623. 32
Section 9:
E.i 320.00
Section 10:
W.J 320.00
Section 13:
S. \ 320. 00
Section 14:
SE.i 160.00
Section 15:
NW. \ 160. 00
Section 16 640. 00
Section 17:
S W. \ 160. 00
Section 18:
SE. \ 160. 00
Section 19 624. 92
Section 20:
SW 1 160.00
E.J 320.00
480. 00
Section 21 640. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 175
Section 23: Aero.
W . i 320. 00
NE. i 160.00
480. 00
Section 24:
NE. \ 160.00
Section 25:
SE. \ .. 160. 00
Section 26:
n w: i : 160. oo
Section 27:
SE. £ 160. 00
W.J... 320.00
480. 00
Section 28:
E. 4 320.00
Section 29:
NE.4- 160.00
W . 4 320. 00
480.00
Section 30 625. 76
Section 31:
SE. | 160. 00
Section 32:
SE. i 160. 00
Section 33 640. 00
Section 34:
W. 4 320. 00
Section 35:
SW. J 1 60. 00
EA 320. 00
480.00
Section 36 640. 00
TOWNSHIP 13 NORTH, RANGE 23 EAST. INDIAN MERIDIAN.
Section 1 :
S.iof NE. J and lots 1 and 2 160. 28
8E.1 160.00
320. 28
Section 2:
8.1 of NW.i. and lots 3 and 4 161.78
S W . \ 160. 00
321. 78
Section 3:
S. I of NE. \ and lots 1 and 2 162. 01
SE"i 160.00
322. 01
Section 4 643. 72
Section 5 643. 04
Section 6 635. 42
Section 7:
E. i of N W. i and lots 1 and 2 158. 39
NE".J 160.00
318.39
Section 8:
NW.i ■- 160.00
SE. I 160. 00
320. 00
Section 9 640. 00
Section 10:
\XA 320. 00
NE. | 1 60. 00
480. 00
Section 11 640. 00
Section 12:
N.J 320.00
SE. i 160. 00
480. 00
176 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section L6: Acres.
NE. | 160. 00
SW. | 160. 00
320.00
Section 17 640. 00
Seel ion 18 641. 60
Sect inn 19:
E. \ 320. 00
Section 20 640. 00
Section 21:
W. \ 320. 00
Sect ion 28 640. 00
Section 29:
E.h 320. 00
NW. i 160. 00
4S0. 00
Section 30:
NE. } 160. 00
Section 31:
E. A of SW. } and lots 3 and 4 160. 03
Section 32:
E. \ 320.00
Section 33:
SW. } 160. 00
Section 35:
SE. \ , less 7.22 acres, Kansas City and Southwestern Railroad right of way. 152. 36
Section 36:
W. A 320. 00
NE."} 160. 00
480. 00
TOWNSHIP 14 NORTH, RANGE 23 EAST, INDIAN MERIDIAN.
Section 1 641. 00
Section 2 642. 84
Section 3:
S. h of NE. \- and lots 1 and 2 161. 67
S. * of NW. } and lots 3 and 4 161. 33
SE. \ 160. 00
483. 00
Section 4 641. 88
Section 5 640. 88
Section 6:
SE.}... 160.00
E. I of SW. } and lots 6 and 7 158. 13
SE. I of NW. } and lots 3, 4, and 5 157. 63
■ — 475. 76
Section 7:
NE. \ 160.00
Section 8 640. 00
Section 9 640. 00
Section 10:
E. * 320. 00
SW. \ 160. 00
480.00
Secti< m 11 640. 00
Section 12:
E. A 320. 00
NW.J 160. 00
480. 00
Section 13 640. 00
Section 14:
E. I 320. 00
Section 16:
W.J 320. 00
Section 17 640. 00
Section 18 637. 16
Section 19 637. 00
ALLOTMENT OF LANDS TO DELAWAKE INDIANS. 177
Acres.
Section 20 640. 00
Section 21 640. 00
Section 22:
S. .1 320. 00
X W. \ 160. 00
480. 00
Section 23:
E. i 320. 00
SW. £ 160. 00
480. 00
Section 24 640. 00
Section 25 640. 00
Section 26 640. 00
Section 27 640. 00
Section 28 640. 00
Section 29 640. 00
Section 30 634. 20
Section 31 632. 56
Section 32 1 640. 00
Section 33 640. 00
Section 34 640. 00
Section 35:
N. i 320. 00
Section 36:
N W. £ 160. 00
TOWNSHIP 15 NORTH, RANGE ?3 EAST. INDIAN MERIDIAN.
Section 1 637. 44
Section 2:
S. i 320. 00
Section 3:
S. J of NE. | and lots 1 and 2 157. 46
SE. \ 160. 00
317.46
Section 4 637. 16
Section 5:
S. h of NE. | and lots 1 and 2 158. 38
SE. i 160. 00
318. 38
Section 6:
SE. \ of NW. 1 and lots 3, 4, and 5 154. 54
E. h of SW. | and lots 6 and 7 155. 87
310.41
Section 7:
E. I of NW. \ and lots 1 and 2 156. 64
E. I of SW. \ and lots 3 and 4 157. 28
313. 92
Section 8:
E. h 320. 00
Section 9:
W. h .... 320. 00
SE. \ 160. 00
480.00
Section 10:
N W. \ 160. 00
E. k 320. 00
480. 00
Section 11 , 640. 00
Section 12:
W. } ." 320. 00
NE. 1 160. 00
— ■ 480.00
Section 13:
NE. \ 160. 00
W. \ 320.00
480. 00
S. Doc. 104 12
178 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Acres.
Section 14 640. 00
.Section L5:
E. \ 320. 00
Section 16:
X W . | ] 60. 00
Section 17:
E. \ 320. 00
SW. \ 160.00
480. 00
Section 18:
E. * 320. 00
E. \ of NW. \ and lots 1 and 2 157. 60
477. 60
Section 19:
NE. \ 1 60. 00
E. \ of NW. \ and lots 1 and 2 157. 30
317.30
Section 20:
NW. \ 160.00
E. 4 320. 00
480.00
Section 21 :
NW. \ 160. 00
E. * 320. 00
480. 00
Section 22 640. 00
Section 23:
S. \ 320.00
Section 24:
W. \ 320.00
Section 25:
S. .'. 320. 00
Section 26 640. 00
Seetion 27:
NW. \ 160. 00
Section 28:
SW. \ 160.00
Section 29:
N. \ 320. 00
SW. \ 160.00
480. 00
Section 30:
NE. i 1 60. 00
E. \ of SW. \ and lots 3 and 4 157. 06
317. 06
Section 31:
E. i of W. I and lots 1, 2, 3, and 4 314. 60
Section 32 640. 00
Section 33 640. 00
Section 34:
SW. \ 160. 00
Section 35 640. 00
Section 36 640. 00
TOWNSHIP 16 NORTH. RANGE 23 EAST, INDIAN MERIDIAN.
Section 1 : 693.20
Section 2 687. 40
Section 3:
S. I of N E. ', and lots 1 and 2 184. 1 I
SE" \ 160. 00
344. 11
Section 10 640. 00
Sectic »n 11:
S W. I 160. 00
E. * 320. 00
480. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 179
Acres.
Section 12 640. 00
Section 13:
NE. J 160. 00
W. k 320. 00
480.00
Section 14:
E. A 320. 00
SW. \ 160. 00
480.00
Section 15 640. 00
Section 16 640. 00
Section 17:
E. i 320. 00
NW. | 160. 00
480. 00
Section 21:
W. J 320. 00
NE. \ 160. 00
480. 00
Section 22:
NW. i 1 60. 00
E. h 320. 00
■ 480. 00
Section 27:
N W. 1 ! 160. 00
Section 29 640. 00
Section 30:
NE. \ 160. 00
Section 31 :
E. h of SW. | and 1< »ts 3 and 4 154. 53
BE. 1 160. 00
314. 53
Section 32:
W. A 320. 00
S E. I 160. 00
480. 00
Section 33:
S. * 320.00
Section 36:
S. \ 320. 00
TOWNSHIP is NORTH, RANGE 23 EAST, INDIAN MERIDIAN.
Section 4:
SW. \ 160. 00
Section 7:
E.J 320.00
Section 8:
E. i 320. 00
SW. i 160. 00
480. 00
Section 9:
S. * 320. 00
NW. i 160. 00
480. 00
Section 10:
X E. i 160. 00
SW. \ 160. 00
320.00
Section 11 :
S E. I 160. 00
NW. | 160. 00
320. 00
S. iction 12 640. 00
Section 13:
N. I 320. 00
Section 14 640. 00
180 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section L5: *•<««■
S. \ 320. 00
Section 16:
N W . j I HO. 00
Section 1 i :
SE. 1 160. 00
NW. \ 160.00
320.00
Section IS:
NE. J 1 60. 00
Section L9:
E. \ 320. 1 10
E. ( of SW. | and Lots 3 and 4 184.42
4S4.42
Section 20:
SE. \ 1 60. 00
Sectit »n 22 040. 00
Section 26:
NE. \ 160. 00
SW. i 160. 00
320.00
Section 30 650. 96
Section 35:
SE. 1 160. 00
NW. | 160. 00
320. 00
TOWNSHIP 19 NORTH, RANGE 23 EAST, INDIAN MERIDIAN.
Section 1 :
S. I 320. 00
S. I of NE. I and lots 1 and 2 159. 96
479. 96
Section 2:
S. \ 320.00
S. h of X W. S and lots 3 and 4 159. 52
479. 52
Section 4:
SW. j 160. 00
Section 5:
SE. i 160. 00
Section 7:
E. i 320. 00
E. I of SW. \ and lots 3 and 4 158. 65
478. 65
Section 8 640. 00
Section 9:
S. i 320. 00
NWi 160. 00
480. 00
Section 10:
SE. i 160. 00
Section 1 1 :
SW. \ 160. 00
N W. \ 160. 00
— 320. 00
Section 12:
E. \ 320. 00
NW. S 160. 00
480. 00
Section 13:
E. \ 320. 00
Section 14:
S.\ 320. 00
NW.] 1 60. 00
480.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 181
Section 16: Acres.
N. I 320. 00
SW. \ 160. 00
480.00
Section 17 640. 00
Section 18 638. 00
TOWNSHIP 13 NORTH, RANGE 24 EAST, INDIAN MERIDIAN.
Section 1:
S. § of NE. J of, and lots 1 and 2 159. si)
S. i of NW. I of, and lots 3 and 4 159. 40
319. 20
Section 2 640. 40
Secti< »n 3 642. S4
Section 4:
S. \ 320. 00
Section 5:
S. \ of NE. \ and lots 1 and 2, less 11.33 acre.* Kansas City and
Southwestern Railroad right of way ¥ 150. 36
S. \, less 8.67 acres Kansas City and Southwestern Railroad right
of way . 311. 33
461.69
Section 6 639. 59
Section 7, less 15.02 acres Kansas City and Southwestern Railroad right of
way 623. 86
Section 8:
E. i 320. 00
SW. i 160. 00
480. 00
Section 9 640. 00
Section 10 640. 00
Section 11:
S. * 320. 00
N W . i 160. 00
4SI). 00
Section 12:
E. \ 320. 00
S W . \ 1 60. 00
480. 00
Section 13:
E. I 320. 00
Section 14:
W. h 320.00
Section 15:
N. i 320. 00
SW. \ 1 60. 00
■ 480. 00
Section 16 640. 00
Section 17 640. 00
Section 18:
NE. j, less 6.04 acres Kansas City and Southwestern Railroad right of
way 153. 96
TOWNSHIP 14 NORTH, RANGE 24 EAST, INDIAN MERIDIAN.
Section 1:
S. \ of NE. \ and lots 1 and 2 160. 04
SE. \ 160. 00
S. h of NW. \ and lots 3 and 4 161. 20
481.60
Section 2:
SW. \ 160. 00
Section 3:
SE. \ 160. 00
Section 4:
S. \ of N. \ and lots 1, 2, 3, and 4 322. 32
182 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 5: Acres.
S. .1 «.!' NW. I and lots 3 and 4 161.11
Sect ion (5 637. 95
Sectii m 7 638. 4i I
Section 8:
W. }, 320.00
SE. ; 160.00
480. 00
Section 9:
S\V. I 160.00
Section 10:
SW. ) 160. 00
Section 1 1 :
N. i 820. 00
SW. \ 160. 00
480. 00
Section 12:
N. J 320. 00
Section 13:
W. 1 320. 00
Section 14 640. 00
Section 15:
S. i 320. 00
Section 17:
N. I 320. 00
SW. J 160. o< )
4SI). 00
Section 19 640. OS
Section 20:
S. \ 320. 00
NW. | 160. 00
480. 00
Section 21 :
S W. 1 160. 00
Section 22:
N. i 320. 00
Section 23:
N . I 320. 00
Section 24:
E. I 320. 00
N W. \ 160. 00
480. 00
Section 25:
W. i 320. 00
Section 26:
E. * 320. 00
SW. \ 160. 00
4S0. 00
Section 28:
W. \ 320. 00
S E. ! 160. 00
480. 00
Sectii m 29 640. 00
Section 32:
N. \ 320. 00
Section 35:
S. i 320. oo
N W. ', 160. 00
480. 00
TOWNSHIP 11 NORTH, RANGE 26 EAST, INDIAN MERIDIAN.
Section 1:
SE. • of NE.J 40.00
E. 20 acres lot 1 20. 00
60. 00
TOWNSHIP 11 NORTH. RANGE 27 EAST, INDIAN MERIDIAN.
Section 6:
S. 4.92 acres lot 1 4. 92
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 183
RECAPITULATION.
Acres.
1. Land shown to be selected and occupied by living registered Delawares. 26, 870. 34
2. Land shown to be selected and occupied by deceased registered Dela-
wares and now in possession of their descendants 3, 203. 68
3. Public domain 127,526.82
Total 157, 600. 84
The Commission to the Five Civilized Tribes.
Tams Bixby, Chairman,
T. R. Needles,
C. R. Breckinridge,
Commissioners.
Exhibit A.
Land in Adams and Logan list which has been claimed by Cherokee citizens oilier than
Delawares, as shown by attempts to file thereon.
(Where land has been claimed by more than one Cherokee only the original claim is shown on
this list.)
Name.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
1
Cher. 17
Cher. 7033
Cher. 9585
Cher. 5432
Cher. 5458
Cher. 5458
Cher. .i458
Milton K.Thompson:
N.i of NW.i
22
22
22
22
22
22
22
21
22
32
32
32
21
21
20
20
20
25
25
25
20
20
IS
22
17
is
16
18
22
22
22
22
22
22
22
22
22
24
24
24
24
21
24
24
24
26
26
26
23
23
25
22
25
25
25
25
22
22
22
22
22
22
22
22
22
17
17
17
17
17
17
17
17
12
12
12
19
19
13
22
13
13
13
13
80. 00
20.00
10.00
40. 00
80.00
160. 00
80.00
N. h of SW. i of NW. i
SE. i of SW. i of NW. i
SE.i of NW.|
S. i of NE. i
2
Robert D. Blackstone:
sw.i
230. 00
W. h of SE. i
Sterling Colston:
E. h
240. 00
3
320. 00
10.00
SW. \ of SW. J of NW. i
Jane Bvrd:
E. A of NE. J of NW. 1
330. 00
1
20. 00
20.00
20. 00
E. i of NW. 1 of NW. i
W. A of NE. i of NW. i
Goldie J. Waller:
S. i of SW. i of NW 7 . i
60. 00
5
20.00
10.00
NW.I of SW.i of NW. {
William T. 11. Waller:
S. .' of SE. 1 Of NW. ;
30.00
6
20. 00
10. 00
SE. i of SW. i of NW. i
George W.Waller:
sw.; of sw. i of nw. :
30.00
10.00
7
10.00
23. 00
10.00
20. 00
40.00
10.00
8 CD. 584
Andrew C. Atkins:
SW, J of NW. 1 of NE.i
W. | of SW.i of NE. i
SW. i of NW. i of SE. -}
9 Cher. 346
Benjamin F. Bryant:
E. i of SE. i of NE. i
40.00
20. 00
in Cher. 316
Leona Bryant:
W. | of SE. i of NE. i
20. 00
11 Cher. 4235
12 Cher. 7012
13 Cher. 4294
Isaac H. .Ionian:
SW. 10.09 acres, lot 4
Pleasant N. Blackstone:
E.iof SE. i
Robert T. Morrison, jr.:
SE. i of SE. i
10.09
SO. 00
SE. J of NE. i of SE. i
Ellen C. Morrison:
W. i of NW. i
50.00
SO. 00
14 Cher. 4294
80.00
L5 Cher. 1294
('land A. Morrison:
NE. 1 of NE. i of SE. a
10.00
184
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Land in Adams and Logan list which has been elaimed by. Cherokee citizens other than
Delawares, as shown by attempts to file tin rum — Continued.
Card No.
Name.
Indian meridian.
Acres.
Total
No.
See.
Tp.
R.
acres.
16
17
C. F. 1013
C.F.1013
C. F. 1013
C. F. 1013
C. F.4230
( :her. 5424
Cher. 5424
Cher. 5473
Cher. 4278
CD. 746
Cher. 6878
Cher. 6878
C.R.19
C.R.279
C.R.4327
C.R.3349
Cher. 2916
F. D. 923
F. D. 923
F.D.923
F.D.923
Cher. 3356
Cher. 6307
Cher. 4206
Cher. 1236
Cher. 4241
Cher. 4621
Cher. 4188
Cher. 4188
Tessie Bradford:
S. i of NE. i, less 6.16, M., K. ifc O. R. R.
right of way.
Jennetta Bradford:
W. i of SE. i
20
20
20
20
13
9
9
32
32
13
19
19
19
19
30
30
14
14
6
25
29
29
2
2
28
28
5
9
9
9
9
9
25
32
32
30
9
9
3
3
3
29
29
29
26
26
26
24
24
25
21
21
21
21
21
21
28
28
27
24
25
25
21
21
20
20
24
25
25
25
25
25
27
26
26
27
25
25
28
28
28
15
15
15
'15
12
15
15
17
17
12
13
13
13
13
13
13
19
19
13
21
19
19
12
12
13
13
19
13
13
13
13
13
12
13
13
13
13
13
19
19
19
40.00
10.00
73.84
SO. 00
18
Malissa Bradford:
N. i of NE.J
80.00
19
Deatrus Bradford:
E. i of SE. i
so. oo
20
Harold D. Lannom:
sw. ;ofNW.;
40.00
21
Ruth E. Rogers:
SW. i of SE. »
40. 00
22
Maud E. Rogers:
SE. i of SE. i
40.00
23
Henry H.Bvrd:
N\V. i oi" SW. i
SW. i of SW. | of NW. i
Lucy Daniels:
SW. JofNVV.i
50. 00
40.00
24
40.00
10.00
20.00
10.00
40. 00
20. 00
25
Amos W. Lord:
NW.iof SE. i
SW. i of NE. i of SE. J
S.iof SW. ; of NE.J
SE. i of SE. i of NW. I
26
Samuel S. Foreman:
SE. i of NW. ;
SO. 00
40.00
27
Minnie (). Foreman:
S. 19. 91 of lot 2
19.91
28
Alice Tidwell:
E. i of NW. i
80.00
29
Robert G. Tidwell:
W. i of NW. i
80.00
30
Allen H. Gibson:
SE. 1 of SW. 1
40.00
31
Charles D. Hawkins:
XE.jot'NE.i
40. 00
32
William C. Hampton:
N. i of N. J of SW. 1
N.i of NW.i of SE. i
Flora Smith:
N. i of SE. i
60. 0C
SO. OC
33
40.00
20. 00
10.00
40.00
10.00
SO. 00
10.(1(1
40.00
10.00
34
35
36
David Smith:
Gladys Smith:
SE. i of SW.,; less 2.48 S.T. L. & S. F.
R. R. right of way.
Neely Smith:
NE. 1 of SW. 1
80. 0C
37. 52
40. 0C
37
Martha M.Smith:
N. i of NE. i of SE. ;
20. 0C
38
William P. Ross:
SE. J of SW !
S. JofNE ' of SW j
N \v. ; i if ne ; i >f sw. i
NW. J of SE. J
NE. ; of NE. ' of SW. ]
39
40
Josie M. Carr:
.lames L. McCoy:
N. JofNW -
120. OC
80. 0C
NW ' of SW ' of N'W. ;
41
Annie E.Johnson:
\\ .'. of SK. '
90. 0C
80. OC
42
Edward G. floss :
sw J of sw ;
William Humphrey:
E J of SW ' of SE. J
43
40.00
20. 00
Sarah Humphrey:
44
SO. 0(
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
185
Land in Adams and Logan list which has been claimed by Cherokee citizens other them
Delawares, as shotvn by attempts to file thereon — Continued.
No.
Card No.
Name.
Indian meridian.
Acres.
Total
See.
Tp.
R.
acres.
45
46
Cher. 871
Cher. 4244
Cher. 4244
Cher. 4291
Cher. 4291
Cher. 5499
Cher. 4582
Cher. 4582
Cher. 60S5
Cher. 6085
Cher. 3679
Cher. 19
Cher. 19
Cher. 19
Cher. 3296
Cher. 4255
Cher. .1467
Cher. 5467
Cher. 5467
Cher. 5494
Cher. 10209....
Cher. 10327....
Cher, 10327....
Watt Cochran:
NE. 1 of SW.A, less 1.86 acres M. K.&O.
R. R. right of way.
Charles Parks :
X.J of SE. i
21
14
24
25
30
30
30
30
30
30
30
21
21
32
32
32
20
21
15
22
28
21
28
28
28
1
1
19
19
12
12
12
12
27
36
9
27
27
33
28
27
25
26
26
26
26
26
26
26
26
■ie,
25
25
25
25
25
25
25
24
24
22
22
22
22
22
24
24
26
26
24
24
24
21
24
27
23
29
29
29
29
13
12
12
12
13
13
13
13
13
13
13
17
17
19
19
19
17
17
21
21
19
19
19
19
19
18
18
13
13
18
18
18
18
17
12
19
13
13
13
13
20. 00
10.00
38.14
80 00
47
Martha 8. Parks :
W.i of SW. ' of SE. 1
NW.i of NW.£of NE. i
Anna Thornton :
SE. 10 acres of lot 2
30.00
48
10.00
33. 92
20. 00
10.00
Lot 3, less 7.26 acres K. O. C. & S. R. R.
right of way.
W. i of NE. 1 of SW. i
SW. ; of SE. { of NW.i
William L. Thornton :
W. A of SW.iof SE. 1
73.92
49
20.00
40.00
36.91
SE.J of SW.;
Lot 4. less 4.28 K. < ». C. & S. R. R. right
of way.
Catherine Henry :
N. i of SE. | of NW. i
96.91
50
20. 00
10. 00
s\V.] ofSE.J of NW.i
Lerov Hnrd:
W.A of NE.i
30.00
80.00
51
20. 00
20.00
52
James F. Hurd :
N.i of NW. { of SE.;
N. i of NE. $ of SW. i
Harris R. Gourd:
S. i of NE. ; of SE.;
40.00
20. 00
53
20. 00
20. 00
40.00
10.00
20. 00
40.00
54
Carlos C. R. Gourd:
s.|ofN\v.; of SW.;
20.00
55
John I. Hawkins:
S. £ of NE.i of SE.i
NE. | of NE. 1 of
56
Samuel B. Severs:
SW. i of SE. £ of NW. i
60.00
10. 00
57
Emma Severs:
SE. i of SW. i of
40.00
58
Charles J. Severs:
NW. i of SE. i of NW. i
E.i of SE. ; of NW.I
NE.; ,,f NW.; f
John Harvey:
N. 4 of SE. i of NE. i
70.00
59
20. 00
45. 53
Lot 1
Belle Keys:
Lot 4
65. 53
41.13
60
10. 00
40.00
61
Pearl Keys:
Lot 3
41.12
62
Walter Connicle;
NW.I f XE. i of NE.i
NW.£ Of NE.| of
Thomas ('. Connicle:
SW. 1 of NE. ; of N E. i. less 0.94 St. L. &
S.F.R.R. right of way.
Lincoln R.Cormicli :
E.i of NE.i of NE.i, less 3.75 st.L.A
S. F. R. R. right of way.
Sallie Taylor:
S. i Of SE. i of
50. 00
9.06
16. 25
80. 00
63
64
65
40. 00
20. 00
80. 00
10.00
66
William Keeler:
SE. i of N W. £ of
40. 00
67
Homer Billingslea:
E. | of NW. i of
80.00
68
Philetus L. A. Reed:
SE. i of SW. i of
W. i Of NE. i of SW. i
69
Ala M.Reed:
E.i of NE.I of
60. 00
90.00
186
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Landin Adams and Logan list which has been claimed by Cherokee citizens other than
Delawares, as shown by attempts to file tin rum — Continued.
No.
Card No.
Cher. 10327.
Cher. 10327.
Cher. 10327.
Cher. 4072..
Name.
Cher. 4072.
Cher. 4072...
Cher. 4072.
Cher. 4072.
Cher. 1003.
Cher. 1003.
Cher. 3468.
Cher. 4708..
Cher. 4274..
Cher. 5015..
Cher. 10174.
Cher. 4221..
Cher. 4221.
Cher. 4221.
Cher. 705 .
Cher. 5476.
Cher. 4500.
Cher. 4500.
Cher. 3291.
Cher. 4355.
Cher. 4189.
Alice L.V. Reed:
\\.i of N\Y. i of
Linna I. Reed:
E.i of SE.j of
Nancy A. Reed:
W.i of SW.j of
J< H-l Suagee:
s. i of sw. : of xk. j
NW.j <>f SE. J of
NE.jof SE.j of NW.J of
Dovie Suagee:
NW.j of SW.| of.
NE.jof SE.j of .
Indian meridian.
Sec. Tp. R.
Evaline Suagee:
s. ; of SE. | of NW.J.
NE. ; of sw. : of....
Floyd Suagee:
SE. j of SE. j of NE. j
S.* of SW.j of NW.j
NW. j of SE. j of NW.
NE.j of SW. j of NW.
David Suagee:
SW.| of SE. J of NE. j
N.J of S.£ of NE.j....
NE. I of SE.j of NW.j
Barney Davis:
N.£of NE.jof NE.j..
Mary Davis:
E. 20 acres of lot 4 . . .
SW. 6.82 acres of lot 4
SE.j of SE. jof
Thomas Fox:
Lots 6 and 7 less 0.61 St. L. & S. F. R. R.
right of way.
George W. Eaton:
W. j of SE.j of NE.j
Jennie O. Morton:
NW. j of SE. j of NW. j
Eva J. Brown:
N.i. of NE.jof
NE. j Of SE. j of NE. j
Joseph Ann Hall:
NE.jof NW.j of
Mary Scullawl:
S. 20.03 acres of lot 2.
Lot 3
William Scullawl:
N. 20.02 acres of lot 2 ..
SE.j of NW.j of
NW. jof NE.jof SW.j
Richard Scullawl:
NE. 1 of NE.j of SW.j.
SW.| of NE.jof SW.j.
Jesse Reese:
x.; of sw. ; of
Joseph Nelson Robinson:
NE. ; of NE.j of
Valentine W. Needham:
SW.; of NE.j of
Lot 2
Allie A. Needham:
NE. j of SE. j of
Flora B. Thompson:
NW. ; of NW. ; less 1.29 M. K. & T. R. K.
right of way.
William A.Carr:
N. | of SEj of
William I. Brewer:
s. ; of nw.; of
:;i 29
28 29
27 29
Acres.
31
31
32
26
26
26
32
31
26
26
32
32
26
26
31
32
32
32
26
26
26
26
31
31
31
26
26
26
25
27
19
19
24
27
27
27
6
24
1
26
1
26
29
29
29
29
36
27
18
18
25
25
18
18
18
25
25
25
18
18
25
25
4
24
34
25
4
4
27
27
4
27
36
21
25
27
26
28
20.110
40.00
10.00
40.00
40.00
20. 00
40.00
10.00
20. 00
10.00
10. 00
10.00
40.00
10. 00
20. 00
6. 82
40.00
80. 00
10. 00
20. 03
40.11
20. 02
40. 00
10.00
10.00
10.00
40. 00
40. 96
Total
acres.
mi. on
80.00
80.00
70.00
60. 00
50.00
60.00
20. 00
66.82
79.63
20. 00
10.00
90.00
40.00
70.02
20. 00
80.00
40.00
80.96
40. 00
38. 71
80.00
80.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
187
Land in Adam* and Lor/an list which has been claimed by Cherokee citizens other than
Delawares, as shown by attempts to file thereon — Continued.
No.
95
96
97
98
99
100
101
102
103
104
105
106
107
< lard No.
Cher. 8257..
Cher.8257..
Cher. 8257..
Cher. 10174.
Cher. 5595..
Cher.3813..
Cher. 3190..
Cher. 3182.
Cher. 4491.
Cher. 3425.
Cher. 4187.
Cher.8588.
Cher. 8588.
ins Cher.8588....
109
111
112
113
114
Cher.8588
Cher.8588.
Abraham Locust:
W.i of NE.Jof
Ross Locust:
N.iof SE.iof
Luke Locust:
E.iof NE.i of
Mae Evelyn Hall:
SE.iof S\Y. .1 of
Susan Swan:
XW.; of SWJof NE.
James M. Trout:
SW.7.97 acres of lot
William L. Harlin:
NW.| of NW.iof-..
w. | link.; of N\V.
SE.i of NE.i of NW,
William G.Williams:
W.i (if SW. I of SW. |
Albert V. McGhee:
SE.iof NW.iof....
Edna J. Trout:
£. i of XW. | of
Jessie Brewer:
N.iof SW.i
Johnson Waters:
S.iof NW.| of XE.
Sarah Waters:
SW. ; of NE.i
Tom Waters:
SW. I of SE. i-
SE.iof SW.i
Indian meridian.
Sec. Tp
Cher. 6668..
Cher. 1536..
Cher.5432..
C.F.D.692.
115 Cher. 692..
116 Cher. 4607.
117 C.F.D.692.
lis Cher. 4321..
119 Cher. 1271.
Nellie Waters:
NE.i of NW.i
NE.i Of SE.iof XW.
sw.; of sw. ;
SE.i of NE.i of sw.
Lvdia Waters:
s.iof xw. ; of se. ;.
SE.i of SE.i
X.iof XW. ; of NE.
Tom Wolfe:
XW. | of NE.i
Bear Scullawl:
S. h of SW. i
Daisv D.Byrd:
SE.| of NW. i
E. .'. "f SW. i of NW.
Frances Martin:
NW. j of SE.
sw.; of se. ;
Fred Martin:
S.iof SW.|
Julia Gilstrap:
N \V. ; of X W. i . less 3.51 acres M. K. & O.
R. R. right of way of.
Eliza Martin:
N. i of SW. i of
Andrew H. Norwood:
NW. ; of SW.i of
N. iofSW. ; of NW. i,less0.67M. K.<fc<>.
K. R. right of way.
SW. | of SW. | of NW. J
120 Cher. 4785.
121 Cher. 4332.
Fred Keeler:
S.| of xi':.; of xw;
x.a of SE.i of xw.;
XE. 10 acres of lot 2.
Maud E.Coker:
SE.I of SE.i f. ...
Losson Winkler:
SE. ; of NE.i Of SE.
27
27
27
'J 7
24
24
25
25
25
28
28
Total
acres.
25
19
28
211
24
20
28
19
27
12
27
12
40. 00
20. 00
10.00
40.00
411. 00
12 40. 00
12 10.00
12 40.00
12 10.00
20.00
40.00
20. 00
40. 00
20. 00
40. 00
40. oo
40. 00
19.33
10.00
20. 00
20. 00
10.00
80. 00
80.00
80.00
40. 00
10. 00
7.97
70.00
20.00
40. 00
80.00
80.00
20. 00
40.00
80.00
80.00
40.00
80.00
60.00
80. 00
80.00
30. 49
80.00
69.33
50. 00
40.00
10.00
188
ALLOTMENT <>K LANDS TO DELAWARE INDIANS.
Land in Adams and Logan list which has been claimed by Cherokee citizens other Hum
Delawares, as slum,, by attempts to file thereon — Continued.
No. Card NO.
122 Cher. 4334.
123 Cher.4334.
124 Cher. 715..
125 Cher. 715..
126 Cher.3335.
127 Cher. 2540.
128 ! Cher.2288.
129 , Cher. 7019.
1H0 Cher. 3505. .
Cher. 3505.
132 Cher. 4331..
133 cher. 4331..
134 Cher. 3741..
13.". c. F.S3G....
C. F.836.
Cher.8S3.
Chei.883.
139 Cher. 4258.
140 Cher. 2994...
141 Cher. 2994.
142 C. F. D. 239 . .
Name.
Annie B. Winkler:
W.i of NE. : ol
NW.J of N\v. ; of SE.J
Mary Violet Winkler:
NE. ; of NE.i, of
W.i of SE.J of XE.; ..
Nancy Sam:
N.| of NE. |of
Levi Sam:
S.iof NE.J of
snsan Shaw:
NE.J of NW.J of
N.iof SE.J of NW.|...
SE. J of SE.J of NW.J .
Lillie Clark:
E.iof NW.J of
John Hilderhrand:
S.iof SE.iof SE.J ....
NE.iof XE.i of
E.iof NW.J of XE.i..
Katie Hilderhrand:
W..'. of NW.J of NE. I .
W.i of SW.iof NE.J ..
XE.I Of SW.J of XE.|.
Winnie M.Scott:
W.i of SW.J of SE.J...
SE.iof SW.iof
Velnia I). Scott:
S.-i of SW.iof SW.i...
NE. i of S W.i of SW.J.
Colonel Griggs:
Lot 2 of..
Frank Griggs:
Lot 1 of
Abbie Hawkins:
NW.i of sE.iof
NE.i of SW.iof
Frances Patterson:
sw.; of NE.J of sw.;.
NE. j of SE.J of sw.; .
W.I of SE.J of SW.J...
York A. Patterson;
N. i of NE. i of SW. J ..
SE.iof XE.; of SW.J .
.lames Cochran:
NW.J of sw.;
X.. 1 . of NE.J of SE. i...
se. ; of NE.; f se. ;..
Sallie Cochran:
NW.J of SE.J
SW.J of NE.iof SE.J..
W. J of SE. ; of SE. J . . .
Nora E. Sarcoxie:
E.J, of sw.; of NW.i..
SE.J of NW.J
N.iof NE.J of SW.J...
Alex. Proctor:
NE.J of SE.J
x. a of si-;. ; of se. t....
SW.J of SE.J of SE.J..
Thomas Proctor:
X..'. of XE.; of XE.;...
SE. ;- of SE.J of SE.J...
Osa Martin:
S.iofSE.J
Iiidii
n meridian.
Acres.
Sec.
Tp.
R.
80.00
9
28
11
9
28
28
11
U
10.00
9
iii. 00
9
28
24
14
13
20.00
22
22
24
13
10
28
13
40.00
10
28
13
20. 00
10
28
25
13
17
10.00
33
13
27
12
20. 00
24
27
12
40. 00
21
27
12
20. 00
24
27
12
211.00
24
27
12
20.00
24
27
24
12
21
10.00
22
20.00
22
24
21
40.00
22
24
21
20.00
22
24
21
10.00
4
28
13
4
28
13
15
24
21
40.00
15
24
28
21
13
40.00
3
10.00
3
28
13
10. 00
3
28
28
13
13
20. 00
3
20.00
3
28
28
13
13
10.00
4
40.00
5
28
13
20. 00
28
28
13
13
10.00
5
40. 00
5
28
13
10.00
5
28
25
13
13
20. 00
10
20.00
10
25
13
40. 00
10
25
13
20.011
17
23
19
40.00
17
23
19
20. 00
17
23
23
19
19
10.00
20
20. 00
17
23
25
19
13
10.00
22
Total
acres.
'.Hi.no
60.00
SO. 00
80. 00
70. 00
80. 00
so. mi
50.00
00. 00
30.00
39.02
39. 17
80. 00
30.00
70.00
70.00
80. 00
70.00
30.00
SO. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
189
Land in Adams and Logan list which has been claimed by Cherokee citizens other than
Delawares, as shown bg attempts to file thereon — Continued.
Card No.
Cher. 5407..
Cher. 3512..
Cher. 5602..
Cher. 5602..
Cher. 5422..
Cher. 5422..
Cher. 2523..
Cher. 2523..
Cher. 2523..
Cher. 2523..
Cher. 3058..
C.F.D.887.
Cher. 4081.
Cher. 6272
Name.
William H. H.Scudder, jr.:
Lot 4
Gretchen J. Merrell:
NE. ; of N'K. J of NW. |. less 2.11 M.K.
& T. R. R. right of way (only 0.27
acres included in segregation).
Susie McKnight:
SW. ; of SE.±
George L. McKnight:
s\v.; of n\v.; of si-:.;
James E. Milam:
E.ioi'SK.; of SW.|
William G. Milam:
xw. ; of SE.4 of sw.;
Maud Beck:
sw.; of xi-:.; of sw.;
N.| of SE.} ofsw.;
x.. 1 , ofsw.; oi SE.}
si-:.; ofsw. ; of SE.}
Vivia Beck;
XW. 8.92 acres lot :;
Lot 4
Lucian Beck:
NE.8.92 acres lot :'. ..
Macv Beck:
S. 20 acres lot 3
x.;. of xi-:.; ofsw. ;
si-:.; of ne. ; of sw. ;
Newton Trout:
S. | of SE. j of NW.}...
Jesse Martin:
SE. } of NW. } of NE.;.
S.*of NE.}
Cher. 6272 . . .
Cher. 3415 . . .
Cher. 3243 . . .
Cher. 3243 . . .
101 Cher. 4265...
Penn Phillips:
Lots 1 and 2
Callie Getup
SE. ; of xw.;
sk. ; of NW. ; ofsw.;.
E.£of sw.; ofsw.; ..
William Clark, jr.:
E. i of SW. j
Bettie Woodall:
w. 4 <>f NK.; of sk. ; ..
xw.; of sk. ; of sk. ; .
Malinda Secondine:
NE. ; of NK. 4
nw.; ofsw.; ofsw.;
sw.; of sw. ; of sw.;.
sk.; of SE.;
.Cher. D.435.
■Cher. D.435.
Cher. 4005 ..
(Cher. F.722.
Qhejr.F.722.
Indian meridian.
Sec. Tp.
Harrison Secondine:
W..'. of NW.;
sk. ; ofsw.; ofsw.; .
Mary Sears, nee Bennett:
xw.; of sk.; of xw.;
N.i of xw.; of xe. ;..
SW. ! of xw.; of NE.}
Thomas M. Patterson:
E. 20 acres lot 2
Virgil V. Patterson:
W.16.78 acres lot 2
Austaphine C. Kinnison:
SW.9.30 acres lot 2
Jennie Buford:
X.i of XE.; of XE.;
Johnson Buford:
S.{ ot'XK.; of NE.;. less D.06 M K.&T.
R.R. right of way.
S. i of SW. } of NE. }
NE. } of S W. i of NE. i
30
10.00
20. 00
20. 00
10.00
s. 92
37. 50
20.00
20.00
10. 00
io. oo
80.00
40.00
10. 00
20. 00
20.00
10.00
40. 00
10. 00
10.00
40. 00
80. 00
10.00
10.00
20. 00
10.00
7
24
16
7
24
16
7
28
20
28
25
20
28
25
20
28
28
25
25
20
20
19.94
20.00
10. 00
190
allotment of lands to Delaware Indians.
Land in Adams and Logan list which has been claimed by Cherokee citizens other than
Delawares, as shoivn by attempts to file thereon — Continued.
Card No.
Cher. F.722 ..
Cher. 477
Cher. F.D. 664.
Cher. F. D. 664.
Cher. F.D. 064
Cher. .=.932....
Cher. 5932....
Cher. 6932....
Cher. 5932....
Cher. 7412
Cher. 13
Cher. 1252....
Cher. 739."i....
Cher.809S....
Cher. 8098
Cher. 630
Cher. 630
Cher. 555
Cher. 3123....
Ch. F.D. 705 .
Ch. F. D. 705 .
Cher. 5958....
Cher.449S....
Cher. 5142....
Cher. 4607
Cher. 46(i7....
Cher. 6798
Cher. 6798
Name.
Walter Buford:
N\v. ; of NE.J,
NW.J of SW.J of NE;
Benjamin I (.Treuman:
E.J of SE.J ,
Margaret Landrnm-
E.J of SE. | of SE.J
Barbara Landrum:
SW. 10. 00 of lot 3
E. 19. 44 of lot 3, less 3.7s K.O.C.& S.
R. R. right of way.
Nelson Landrum:
NW.9.44 of lot 3
Menerva Jones:
s. l of SW.J of SE.J
NE.J of SW.J of SE.J
NW.J Of NE.i
Beulah M. Lyman:
E. | of NW.J
Savola R. Lvman:
VV. iofXW.J
Ethel G. Jones
NE. i of N:E. J
Ruth T.Brady:
NW. J of NW. J of NE. J
Francis B. Fite:
N.J of NE.i of NE.J
Cleo B.Statham:
S. i of S. i of NE. J, less 0.18 acres K. 0.
C. & S. R. R. right of way.
Elizabeth Yann:
NE. i of SW. J, less 4.59 acres K. O. C. &
S. it. R. right of way.
Sam Shell:
NE.i of SW.J
E. .'. of SE. J of SW. i
N. i of NE. i of NW. J
Charlie Shell:
W. i of SE. J of S W. J
Sunday White:
S. i of NE. J of NW. J
N. 1 of SE. J of NW.J
s\v. ; of SE.J of NW.J
George White:
SE. ; of SE.J of NW.J
William L. Cowart:
N.i of s.i of NW.J
George W. Poplin:
E. i of X E. ; c if S W. J ( only 10 acres in-
cluded in the segregation).
Lettie Brown, formerly Lettie Muldrow:
E.j or xw.j '
Howard Brown:
E.J of SW. J
Julia A. Ivey:
SE.J of NE.J
William P. Ringo:
E.20 aero lot 1, less 0.53 acres K. O. C.
& s. i;. k. right of way.
E.20 acres lot 2
S.J of SE. \ of NW.J
Norris Ruddles:
SE. ; of SW. | of NW.J
Julia Gilstrap:
Lot2
Jennie Gilstrap:
S. 21.2(1 acres lot 1
S.J Of NE. J of NW.J
SE.J of NW.J
Andy R. Nave, jr.:
E.J of SW.J. less 5.78 acres K..& A.V.
R.R. right of way.
George F. Nave:
E.J of NW.J,less6.10 acres K.&A.V.
K. R. right of way.
[ndiai iridian.
Sec. Tp
36
36
35
25
29
36
20
20
19
40.00
10.00
13
13
13
13
10.00
15.66
13
13
13
13
20.00
10.00
40.00
13
13
12
19
12
13
Total
acres.
40.00
20. 00
20.00
20. 00
20.00
10.00
20.00
20. 00
21.20
20. 00
40. I
50.00
80.00
20.00
25.66
9.44
70.00
80.00
80.00
40.00
10.00
20.00
39. 32
35.41
so. 00
20. 00
50.00
10. 00
40.00
10.00
80.00
80. 00
40.00
59. 17
10.00
12. 25
81.20
74. 22
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
191
Land in Adams and Logan list which has been claimed by Cherokee citizens other than
Delaviares, as shown by attempts to file thereon — Continued.
Card No.
Indian meridian.
Sec. Tp
Cher. 6798. .
Cher. 7578..
Cher. 4426..
Cher. 788...
Cher. 1739..
Cher. 1657..
Cher. 1696..
Cher. 1696..
Cher. F. 881
Cher. 6879..
Cher. 6879..
Cher. 2307..
Cher. 2307..
Cher. 2307..
Cher. D. 572..
210 Cher. 4297.
I'll Cher. 4706...
212 Cher. 5288...
Cher. 5288.
Cher. 5288.
Cher. 2002.
Cher. 2002.
Cher. 2002.
Joanna G. Nave:
S. i of SE. i 18
Simon McKinzey:
SW.iof NW.iof 22
Mike Fields:
SE.i of NE.i of 31
Nannie L. Dudley :
SW. i of SW. i of 28
S. h of N\V. i of SW. i 28
Charles W. Willey:
E. i of NE. i of NW. i 36
s\v. ; of NW.iof NE.i 36
Jananna Willey, nee Sanders:
NW. iof XW.; of NE.; 36
Milo.T. Willey;
NE. 10 acres of lot 1 1 36
Mvrtle Willey:
NW.i of NE.i of NW.i 36
Rachel ('lav:
NE. i of SW. | of 20
Charlev Welch:
X.. ; of SE.i of NE.i 35
S. i of NE. i of NE. i 35
NW.J of NE.i of NE.i 35
E. i of X W. I of NE. * 35
s\V. i of XW. ; of NE. i 35
Jesse Welch:
SW. $ of NE. i of 35
S.| of SE.i of NE.i ! 35
Henrv Eiffert:
. XE. ; of SW.| of 30
XW. i-of SE.. J of SW.i 30
Henrv Eiffert, jr.:
NW. ; of SE.i of 30
Sally M. Eiffert:
SW. i of SE. J of NE. i 1
N. i of NE. i of SE. i 1
X.. 1 . of XW. i of SE. i 1
SE.; of NW.j of SE.i 1
XE.; of SW.iof SE.i i
S. 1 of SW. i of SE. i 1
Susan L.Reed:
SW.; of sE.; of ^s
s. }, of xw. ; of se. ; 2s
NW.i of NW.iof SE.i 2s
Susie j. Hicks, nee Goodwin:
NW.; of si-;.; of T<
E.i of NE.i of sw.i '• 27
Richard L. Hammett:
E. | of xw.; of 32
James M. Hamilton:
W. i of XW. ;, less 2.19 M. K. & 0. R. R. 32
right of way, and less 3.66 K. O. C.
& s. K. K. right of way.
Hugh M. Hamilton:
SE. i of NW. ;. less 0.58 K. (). C. e<: S. 32
R. K. right of way. and 1.74 M. K. £
O. R. R. right of way.
Clarence W. Hamilton:
X.: of sw.; of SE.i a2
NW.i of se. ; Of 32
W. I of XE. ; of NW. ;. less 0.58 M. K. 32
& 0. R. R. right of way, and 1.84
K. O. C. & S. R. K. right of way.
James P. Fuller:
SW. 10 acres of lot 1. (Only 5.01 acres 1
included in segregation.)
Rosa L. Fuller:
SW. i of NE. i of 1
S. 20 acres of lot 2. (Only 10.10 acres 1
included in segregation.)
James S. Fuller:
NE.i of SE .i f sw.i. (Only 5 acres 1
included in segregation.)
NW.i of SW.i of SE.i i
40.00
40. 00
20. 00
20. 00
10.00
20. 00
20.00
10.00
20.00
10. 00
40.00
20. 00
40.00
10.00
10. 00
2(1.00
20.00
lo.oo
10.00
20.00
40. 00
20. 00
10. 00
40.00
20. 00
20. 00
[0. oc
17.58
40. 00
10.10
5. 00
10.00
Land in Adams and Logan list which has been claimed by the Cherokee citizen other than
Delawares, as shown by attempts to fie thereon — Continued.
No.
Card No.
Name.
Indian meridian.
Acres.
Total
Sec.
Tp.
R.
acres.
218
219
Cher.D. 2558..
Cher. D. 2559..
Cher. D. 2561..
Cher. D. 2562..
Cher. 9331
Cher. 9331
< :her. 4310
Cher. 7000
Cher. 7000 ....
Cher. 2105 ....
Cher. 2105 ....
Cher. F. D. 14 .
Cher. 871 ....
Cher. F. D. 859
Cher. 4338 ....
Cher. F. 4.54 ...
Cher. 0841
Cher. 4145 ....
Cher. F.D. 218.
Cher. 4230 ....
Cher. 4289 ....
Cher.F.D.819.
John Jim:
x. .'. of se. : of
Charles Jim:
s.i of SE.J of
31
31
28
29
29
29
31
31
24
28
28
28
31
31
31
31
1
1
21
3
3
3
29
24
1
2
13
6
14
31
29
19
19
19
19
7
7
25
25
29
29
29
29
25
25
28
20
26
26
10
10
10
16
15
15
15
15
27
20
20
20
27
28
25
25
24
26
28
27
27
26
20
20
20
20
20
20
13
1:5
13
13
13
13
13
13
13
10
10
10
20
20
20
20
19
20
20
19
13
13
13
13
13
13
13
13
14
13
19
13
13
13
13
13
13
13
13
13
40.00
10.00
•SO. 00
8
220
Phillip Jim:
NW.| of NW.J of
si-:, a of NW. ; of
Winnie Jim:
N E. j of SW. J of
E. i of NW. i of SW. i less 1.97 K. O. C.
& S. R. R. right of way.
Eleese Mose:
N.i of NE. i of
80. 00
68.03
80 I"'
221
40.00
18.03
222
20. 00
10.00
223
Thomas Mose:
S. i of NE. i of
so. mi
224
Beulah <;. Dancer:
W. i of NE. i of SE. i
20. 00
225
226
Mary Cochran:
s. A of SE.J of SE.±
Mamie Boyls:
S.i of SW.J of SE. 1
20. 00
NE. i of SW. i of SE. i
Nancy E. Herd:
SE. i of SE. » of NW. i
30.00
10.00
227
40.00
20. 00
10.00
5.00
10.00
30. 49
5.01
:;s. ::;
10.00
20. 30
10.00
228
Harrold B. Berd:
NE. 1 of NW. i of
N. i of SE. $ of NW. i
SW. J of SE. i of NW. i
229
SE.J of SE. | of SW.i. (Only 5 acres
included in segregation)
William Davis:
75.00
Lot 4 of
230
SE. 10 aeres <>f lot 1. (Only 5.01 acres
included in segregation. )
Mary Cochran:
SW.J of SW. i, less 1. 27 M. K.& O.R.R.
right of wav of.
SE. 10 acres of lot 4
51.. 50
N. 20. 30 acres of lot 4 ..
SW. 10 acres of lot 4
Frank Daniels:
E. h of N W. J of NW. i
79.03
20.00
231
40.00
40.00
232
Josie Fare! Parsons:
W.i of E. A of NE.i
40. 00
233
Jeta Fields:
W. .i of W.i of SW.|
S.| of N.i of SE. {
Jacob l'adget:
N.i of NW.iof
James s. Davenport:
SW. J of NE. i, less 0.10 acre M. K. £
0. R. R. right of wav, of
Cynthia J. Wicklirf:
N. i of NE. i
80.00
80. 00
39.90
80.00
234
235.
236.
40.00
40.00
237.
William (i. Rogers:
SE. | of NE. »
SE. i of NW. i
Charles A. Knipe:
W. i of NW. 1 of SE. i
NE. J ( if SW. J
80. 00
238.
20. 00
40.00
20. 00
10.00
N. .' of SE. i Of SW. i
SW. J of SE. | of SW. i
Mina Beck:
E. h of E. | of NE: \
90. 00
239.
40.00
10.00
20. 00
SW. J of SE. i of NE. i
N. i of NE. i of SE. 1
70.00
13, 375. 80
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 193
Exhibit B.
The following described land in the list of land filed with tin ( 'ommission to the Fiv( ( ivil-
ized Tribes December 16, 1903, and amended January .'■:, 1903, by Walter S. Logan,
claiming to be the attorney of tht Delaware Indians, isfound, as indicated below, from the
( bmmission's records to beclaimi d or occupit d by ' '//< roket ctiizt ns, as p< r < 'ommission's
citizenship cards, and who are not Delawares, or listed as such upon citizenship cards of
tin Commission:
TOWNSHIP 19 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 1: Acres.
Lot 1 ; Looney D. Price, Cherokee card No. 4938 14. 98
TOWNSHIP 20 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 25:
E. I of NW. } of NE. }; NW. I of NW. ! of NE. ', ; James H. Thomas,
Cherokee card No. 5329 30. 00
SW. 1 of X\V.| <»f NE. ',; NW. } of SW. j of NE.J; John Archer,
( 'herokee card No. 4849 20. 00
Section 36:
NE. 1 of Si:. 1 of SE. 1; W. I of SE. } of SE. }; Looney D. Price, Cher-
okee card No. 4938 30. 00
SE. \ of SE. i of SE. 1; Josephine Crutchiield, Cherokee card No.
4986 10. 00
Total 90. 00
TOWNSHIP 22 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 13:
S. \ of SE. | of SW. 1; Samuel Perrv, Cherokee card No. 4429 20.00
Section 23:
N. \ of NE. \ of NE. |; SW. \ of NE. \ of NE] ; SE. \ of NW. \ of NE. \;
N E. 1 of SW. ', i »f X i:. i ; Thomas White, Cherokee card No. 619 . . . 50. 00
Section 23:
SE. | NE. i of NE; X. .! of SE. j of NE. \ ; Samuel Perrv, Cherokee
card N( >. 4429 " 30. 00
Section 24:
NE. ! of NW. ',; E. .1 of XW. \ of NW. J; SW. | of NW. | of XW. \;
Samuel Perrv, Cherokee card N< >. 4429 70. 00
E.* of SE. \ : SE. 1 of XW. \ of SE. ', : SW. | of SE.i; William S.
fiblow, Cherokee card No. 4344 130.00
Section 26:
NE. \: William L. Walden, Cherokee card No. 4935 160.00
N. I . <i SE. 1 ; Bushyhead Tyner, Cherokee card No. 4330 80. 00
Total 540. 00
TOWNSHIP -21 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 25:
K. I of SW. ',; Lewis Bibles, Cherokee card No. 4401 80.00
Section 36:
NE. ; of XW.I: W. ', of SE. | of XW. J: SE. \ of SE. \ of NE. };
Lewis Bibles, Cherokee card X< i. 4401 70. 00
T. »tal 150. 00
TOWNSHIP 25 NORTH, RANGE 12 EAST. INDIAN MERIDIAN.
Section 13:
SW. j of XW. ',: George Daniels, Cherokee card No. 2476 40.00
Section 14:
N. } of SE. \ ; Charles Parks, Cherokee card No. 4244 80. 00
Total 1 29. 01)
S. Doe. 104 13
1U4 ALLOTMENT 01 LANDS TO DELAWARE INDIANS.
TOWNSHIP 26 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 1: Acres.
NE. ! of SE. | of SE. 1; S. .', of SE. ', of SE. | ; William Johnstone.
Cherokee rani No. 4205 30.00
Section 12:
N. \ of NE. 1; William Johnstone, Cherokee card No. 4205 SO. 00
Section 13:
S\V. j of NW. ',: Harold D. Lannom, Cherokee card No. 4230 40.00
Section 24:
E. \ of N E. ! of NE. S ; William Johnstone, Cherokee card No. 4205.. 20. 00
W. \ of SW. j of SK. |; Charles Parks. Cherokee card No. 4244 20.00
Section 25:
NW. j of NW. S of NE. 5 ; Charles Parks, Cherokee card No. 4244 ... 10. 00
SW. \ of NW. \ of NE. I; W. \ of SW. | of NE. \ ; Andrew C. Adkins,
( !her« >ke«. card No. D-584 30. 00
Section 36:
N. .1 of SK. | of NE. 1; Anna Thornton. Cherokee card No. 4291 20. on
S. \ of S. \ of NE. 1: Cleo B. Statham, Cherokee card No. 1252" 40.00
Total 290. 00
TOWNSHIP 27 NORTH, RANGE 1'-! EAST, INDIAN" MERIDIAN.
Section 1 :
S. h of SK. | of NE. 1 ; SK. | of SW. \ of NE. J; E. \ of NW. \ of SE. \\
NE. 1 of SW. 1 of SK. 1; E. * of BE. J; Jacob H. Bartles, Cherokee
card No. 4326 140. 00
Section 12:
!•:..', of NE. 1 of SK. J; NW. \ of NE. \ of SE.J; Jacob H. Bartles,
( 'herokee card No. 4326 30. 00
SW. S of NE. 1 of SK. j: S. .'. of NW. \ of SK. \ ; S. \ of SK. \; SK. | of
NE. | of SW. | ; W. \ of NE. \ of SW. \; E. J of SW. \ of SW. \; SE. ]
of SW. I ; James H. Stokes, Cherokee card No. 4303 200. 00
Section 13:
W T . I of NE. \; E. I of NW. \; S. \ of SW. } ; NW. | of NW. \ of SK. 1 ;
S. \ of NW. i of SK. |; SW. \ of SK. J; W. ) of SE. \ of SE. J; NE. \
of SE. J of SE. J ; James H. Stokes, Cherokee card No. 4303 340. 00
NE. \ of SE. J; NE. J- of NW. J of SE. J; Jacob H. Bartles, Cherokee
card No. 4326 50. 00
Section 24:
N. I i »f NE. \; James H. Stokes, Cherokee card No. 4303 80. 00
Section 25:
SE. J ; NE. i of NE. \ of SW. \ ; Nelson F. Carr, Cherokee card No.
4306 170. 00
SE. | of NE. \ of SW. \ ■ W. \ of NE. \ of SW. ', ; W. ] of SW. ! : SE. \
of SW. \ ; James H. Eequa, Cherokee card No. D-1266 150. 00
Section 35:
NE. \ of NE. \\ James H. Requa, Cherokee card No. D-1266 40. 00
Section 36:
W. ■'. of NW. \ of NW. I; SE. \ of NE. \ of NW. ', ; NE. ', of SE. J of
NW. j ; James H. Requa, Cherokee card No. 1 >-l 266 40. 00
s. .'. of SK. \ of KW.|; E.l of SW. J of NW.|; William C. Rogers,
Cherokee card No. 6199 _ 40. 00
Total 1, 2S0. 00
TOWNSHIP 28 NORTH, RANGE 12 EAST. INDIAN MERIDIAN.
Section 24:
SE. 1 of SE. ] of NE. ',; NE. | of NE.J of SE. 1; Robert E. Dohertv,
Cherokee card No. 2528 20. 00
Section 25:
SW. 1 of SW. i of SE. j : Robert L. Owen, Cherokee card No. 5599.. . 10. 00
Section 26:
S. h of S.J of NE. }; S. 10.12 acres lot 2; Robert L. Owen, Cherokee
card No. 5599 50.12
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 195
Section 35: Acres.
NE. | of SW. 1 of NE. }; Robert L. Owen, Cherokee card No. 5599... 10. 00
Section 36:
W. I of NW. | of NE. | ; NW. \ of SW. | of NE. \; Robert L. Owen,
( 'herokee card No. 5599 30. 00
Total 120. 12
TOWNSHIP 29 NORTH, RANGE VI EAST, INDIAN' MERIDIAN.
Section 13:
Lots 1, 2, and 3; E. I of NE. J of SW. \; Robert L. Owen, Cherokee
card No. 5599 119.25
E.§ of SE.} of SW. j; SW. | of SE. J of SW. \; Worcester Willev,
Cherokee card No. 7298 30. 00
NW. l of SE. i of SW. I; William G. Holland, Cherokee card No. 4448. 10. 00
Section 24:
E. I of E. A; E. i of NW. \ of NE. \ ; SE. \ of NW. } of SE. \; SW. \ of
S"E. \ ; Robert L. Owen, Cherokee card N< ». 5599 230. 00
E. .1 of W. i of W. A of NE. ', ; E. \ of SW. | of NE. \; Worcester Wil-
lev, ( 'hereokee card No. 7298 40. 00
NE.']- of NW. 1 of SE. 1 : E. \ of W. I of NW. ! of SE. | ; Noah S. Hol-
land, ( 'hen »kee card No. 8~"5 20. 00
Section 25:
NE. \ E.£of E. \ of NW. }; E. A of NE. \ of SW. > ; NE. 1 of SI-;. 1 of
SW. 1 ; N. .1 of SE. 1 ; X. .1 of S. \ of SE. ', ; Robert j,. ( )\ven, Chero-
kee card No. 5599 350.00
\X. ), of XE. 1 of NW. ',: William Moore, Cherokee card No. 2<>-,2... . 20.00
W. I of SE. \ of XW. ', ; SW. | of XW. ', : NW. \ of SW. \; W. h of
NE. ', of SW. 1; NW. \ of SE. \ of SW. I : X. \ of SW. j of SW. \;
X. I of S. I of S. I of S. }; Xoali S. Holland, Cherokee card No. 855. 190.00
Total 1, 009. 25
TOWNSHir 20 NORTH. RANGE 13 EAST, INDIAN MERIDIAN.
Section 27:
NE. | of XW. \ of SW.}; W. A of NW. \ of SW. ] ; William W. Wil-
liams, Cherokee card Xo. 309 30. 00
SW. j of SW. ', ; Greenville P. HefHeringer, Cherokee card No. 5154. . 40. 00
Section 28:
E. i of SW. \; Texanna Wooley, Cherokee card No. D-406 80. do
Section 31 :
S. 17.07 acres, lot 2: James M. Crntchheld, Cherokee card No. 5202.. 17.67
Section 33:
E. A of NE. } of XE. ',; Greenville P. Hefflennger, Cherokee card Xo.
5154 20. 00
W. A of NE. \ of NE. \; N. A of SE. \ of NE. \; Texanna Woolev, Cher-
okee card No. D-406 40. 00
Section 34:
NW. ', of XW. \ ; Greenville P. Hefflennger, Cherokee card No. 5154. . 40. 00
SW. I, of NW. .J; S.j of SE. J of NW. ',: SW. h Texanna Woolev,
( !her< »kee card No. I >-406 220. 00
T( >tal 487. 67
TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 7:
E. \ of S W. \ ; Eli Ellis, Cherokee card No. 4347 80. 00
Lot 4; Jasper Chaney, Cherokee card No. 5152 39.47
Section IS:
NE. \ of XW.': X. \ of SE. | of NW. ]-; John H. Gibson, Cherokee
card Ni ». 4775 60. 00
S. \ of SE. 1 of NW. 1; SE. 10 acres, lot 2; George Spybuck, Cherokee
card No. 3487 30.00
196 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section L9: Acres ,-
E. 1 of NE. ',; NE. ', of NE. 1 of SE. i; James F. Tyner, Cherokee card
N,,. 4329 90.00
S. .! of NW. ! of NE. !; SW. | of NE. J ; E. \ of SE. ', of NW. | ; NW. |
of SE. | ; W. •', of N E. ', of SE. \ ; Amos W. Lord, Cherokee card No.
I >-746 H(). 00
W. ■'. of SE. | of SE. 1 ; SW. | of SE. \ ; E. \ of SE. j of SW. | ; John H.
Baker, ( iherokee card No. 5393 80. 00
SE. 1 of NE. ! of SE. | ; E. \ of SE. \ of SE. ', : John M. Tucker, Chero-
kee card No. 4316 30.00
Section 20:
N. \ of N. \ of SW. 1; .lames F. Tyner, Cherokee card No. 4329 40.00
s. J of N. : of SW. ',; SW. ', of SW. \ ; N. \ of SE. 1 of SW. ', ; John M.
tucker, ( Iherokee card No. 4316 LOO. 00
S. J of SE. | of SW. \ ; William Turner, Cherokee card No. 6665 20. 00
Section 30:
E.J of NE. 1 of NW. 1; SW. J of NE. | of NW. ! ; N. I of SE. \ of
N W. | : John 1 1 . Baker, Cherokee card No. 5393 50. 00
NAY. ] of NE. 1 of NAY. ', ; N. 19.99 acres lot 1; Alice Chism, Chero-
kee can 1 No. D-1168 29.99
S. 19.96 acres lot 1; N. L9.93 acres lot 2; Nancy Chisholm, Cherokee
card No. D-1280 * 39. 89
S.J of NE. 1 of NVY. i; S. 19.90 acres lot 2; W. P. Phillips, Chero-
kee card No. 4081 39. 90
Section 31:
E. 20 acres lot 1, NAY. 9.79 acres lot 1; AY. P. Phillips, Cherokee card
N. ». 4081 29. 70
SW.9.S2 acres lot 1; lot 2; Nancy Chisholm, Cherokee card No.
D-1280 '. 40. 55
Section 35:
NE. | of NE. | of NW. \\ NW. \ of NAY. | of NW. \ ; S. \ of N. A of
NW. \\ E. .1 of SE. 1 of NW. 1; S.J of NE. |; William E. Halsell,
( Iherokee card N >. 3331 160. 00
NW. | of NE. I of NAY. J; NE. \ of NW. I of NW. }; William N. Blake-
more, Cherokee card No. 3396 20. 00
Total 1, 128. 59
TOWNSHIP 22 NORTH, RANGE 13 EAST. INDIAN MERIDIAN.
Section 1:
N. 20.04 acres lot 2; lots 3 and 4; N. J of SAY. \ of NW. ',: SW. \ of
SW. 1 of NW. \\ Edward L. Halsell, Cherokee card No. 4709 130. 19
Section 2:
Lots 1, 2, and 3; SE. j of NW. J; S.J of NE.J; Edward L. Halsell,
Cherokee card No. 4709 240. 21
Total 370. 40
TOWNSHIP 23 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 35:
NAY. \ of NAY. j of SE. j ; Alonzo H. Boone, Cherokee card No. 4652.. 10. 00
E. J of SE. ! : E. .', of NW. \ of SE. J; SAY. \ of NW. | of SE. | : SW. \
i ,f S E. i ; E( 1 ward L. Halsell, Cherokee card No. 4709 150. 00
Section 36:
SW. | ; Edward L. Halsell, Cherokee card No. 4709 160. 00
NW. 1 of NE. S of SE. ',: Alonzo H. Boone, Cherokee card No. 4652.. 10.00
T« ital 33Q. (>o
TOWNSHIP 24 NoKTH. RANGE 13 EAST. INDIAN MERIDIAN.
SE.iof NE. !: W.J of NE. | of NE-i; W.J of NE. 1; SE. | of NE. \\
Jacob 11. Bartles, Cherokee card No. 4326 loO.OO
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 197
TOWNSHIP 25 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 1 : Acres.
\V. \ of W. \ of SW. |; Jeta Fields, Freedinan card No. 454 40.00
Section 9:
SW. ',: W. \ of SE. ',: William P. Ross, Cherokeecard No. 4612 240.00
Section 16:
NW. \ of NW. S ; W. I of SW. • of X W. J; Ellen C. Morrison, Cherokee
card N( i. 4294 60. 00
SW. | ofSE.| ofNE.i; SE.'j ofSW. 1 of XE. }; E.JofNW. ! ofSE. ', :
W.J of XE. | of SE!. XE. ! of XE. \ of SE. j ; George B. Keeler,
Cherokee card No. 4271 70.00
SE.}ofNE.}ofSW.}; X. A of SE. J of SW. \ ; SW. ; of SW. j • Robert
T. Morrison, Cherokee card No. 4294 70. 00
Section 17:
X. .', of NW. 1 : Thomas Measles, Cherokee card No. 2192 80.00
S. 1 1 ,f SW. | : SW. j of SE. S ; William Keeler, Cherokee card No. 4315. 120. 00
SE. \ of SE. j : K< 'I tert T. Morrison, ( !her< ikee card Xo. 4294 40. 00
Section 18:
X. I of XE. |: XE. | of SW. \ of XE. \; N. \ of SE. \ of XE. ', ; XE. \ of
NE. j of XW. J: William Johnstone, Cherokee card No. 4205 120.00
W. I of SW. i of XE. ]; SE. \ of XE. \ of XW. }; W. I of NE. j of
NW.}; lots 1 and 2: SI-:. | of NW.}; X. 20.05 acres lot 3; X.. 1 , of
XE. ! of SW. |: Myron L. Bronson, Cherokee card Xo. 10052 210.09
SW. | of NE.}of SW. ',; S. 20.06 acres lot 3; lot 4: XW. \ of SE, | of
S W. j ; William Scullawl, Cherokee card No. 9938 SO. 23
E. h of NE. } of SE. 4; Robert T. Morrison, Cherokee card No. 4294. . 20. 00
Seel ion 20:
XW. > ; SE. | of S W. I ; W. A of SE. }; William Keeler, Cherokee card
No. 4815 280. 00
XE. ] of SW. } ; Rachel Clay, Cherokee card No. 1 155 40. 00
Section 22:
XE. I; X. A of X. I of SE. \ -; Jesse Martin, Freedinan card No. D-887. 200. 00
E. ', of XW.}; Lettie Brown, Freedinan card No. D-705 80.00
E. J , of SW. ]■ Howard Brown, Freedinan card No. D-705 80.00
S. i of N.J of SE. \; S.J of SE. }; Osa Martin, Freedman card No.
D-887 120. 00
Section 31:
X. ', of XE. i; Reese Mose, Cherokee card No. 9331 80.00
S. }, of NE. i : Thomas Mose. Cherokee card No. 9331 80. 00
NE.3 of SE. J: E. A of NW. \ of SE. ] ; NW. 1 of XW. \ of SE.};
John Jim, Cherokee card No. D-2558 70. 00
SE. j of Si:. 1 ; Charles Jim, Cherokee card No. D-2558 40. 00
Total 2, 220. 32
TOWNSHIP 26 NORTH, RANGE 13 EAST. INDIAN MERIDIAN.
Section 4:
NE. 1 of NW. 1 of SE. \; W. i of NW. } of SE. }; George Hazelrig,
Freedman card Xo. 1 >-98 < 30. 00
Section 6:
Lot 2; lot5; SE. Jof XW. ] ; Jacob H. Bartles, Cherokee card No. 4326. 121.22
SW. \ of NE. } ; James M. Davenport, Cherokee card Xo. 4145 40. 00
Section 7:
NE. \ of NE. } of SE. \; Nelson Beck, Freedman card No. D-1100. ... 10. 00
Lot 4; SE. } of SW. }; Jacob Guthrie, Cherokee card No. 10328 81. 01
Section 8:
X. I of X\ J of SW. 'j : Nelson Beck, Cherokee Freedman card No.
D-1100 . .". 40. 00
Section 9:
E. J of NE. \ of SW. |- ; Ettie Vann, Freedman card No. 949 20. 00
Section 15:
SW. 1 of NE. \ of NE. | ; W. A of NE. \; W. h of SE. \ of NE. \ : SE. |
of SE. \ of NE. \\ E. h of NE. £ of NW."}; William Rose, Freed-
man card No. D-804 140. 00
Section 18:
N E. ', of NW. \ ; lot 1 ; James Guthrie, Cherokee card Xo. 3545 81. 01
198 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section L9: Acres.
SW. 10.55 acres lot 2; lot 3; W.21.13 acres lot 4; NW. \ of NE. | ; of
SW. ',; Lee Keys, Cherokee rani No. 4255 82.80
Section 30:
Lots 3 and 4, SK. ', of SW. 1; W. .', of SW. \ of SE. .', ; Anna Thornton,
Cherokee card N< ». 4291 142. 37
Section I'd :
NW. j of NW. i of NE. |; lot 1; NE. 10 acres lot 2; W. 20.97 acres lot
2: Anna Thornton, Cherokee card No. 4291 82. 10
S. .', of N. .', of XE. ', ; NE. \ of SE. J of NW. \; N. A of SW. \ of NE. ', ;
SE. \ of"SW. i of NE. \ ; SE. } of NE. \ ; N. A of NE. \ of SE. ]-; NE.
\ of NW. 1 of SE. 1 ; Joel Siuujee, Cherokee card No. 4072 150. 00
S. A of N. A of NE. \; Huldah Bennett, Cherokee card No. 4265 40. 00
Section 32:
S. * of N. A of NW. -|; James L. McCoy, Cherokee card No. 1236 40. 00
S. A of NW. k; N. A of N. A of SW. \; Joel Suagee, Cherokee card No.
4072 120. 00
S. A of N. A of SW. 1 ; NW. } of NW. I of SE. \ ; Huldah Bennett, Cher-
okee card No. 4265 50. 00
Total 1, 270. 51
TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 2:
S. A of SW. ', ; Allen H. Gihson, Cherokee card No. 4827 80. 00
Section 3:
SE. \ of SE. i: E. A of SW. } of SE. j ; Allen H. Gibson, Cherokee card
N. ». 4327 60. 00
Section 4:
Lot 2; SW. \ of NE. \; W. A of NW. \ of SE. \- NW. \ of NW. \ of SE.£;
Martha E. Fl ynn, Cherokee card No. 3168 1 10. 96
Section 6:
S. 20 acres lot 1; SE. 10 acres lot 2; NE. | of SW. \ of NE. \ ; X. A of
SE. i of NE. i; David Bivens, Cherokee card No. 4207 60. 00
S. A of NW. \ of NE. i; SW. \ of SE. i; SE. £ of SW. \; Jacob II.
Bartles, Cherokee card Xo. 4326 100. 00
Section 7:
W. A of XW. \ of NE. *,; S. A of NE. \; X. A of XE. \ of SE. \; SW.
\ of XE. \ of SE. \; XW. \ of SE. \\ X. A of SW. \ of SE. \; SW. \
of SW. \ of SE. i; E. A of SW. \; lots 3 and 4; Jacob H. Bartles,
Cherokee card No. 4326 364. 87
Section 8:
SW. ' of SE. i of NE. \; E. A of W. A of E. A; NW. £ of NW. \ of
SE. |; Richard M. Fields, Cherokee card No. 4223 100. 00
Section 9:
SE. } of NE. } of NE. \; E. A of SE. \ of NE. ] ; E. A of NE: i of SE.
',: SE. i of SE. \; E. A of SW. \ of SE. \; Rufus Miller, Cherokee
card No. 9998 110. 00
W. I of SW. ! of SE. i ; Andrew H. Norwood, Cherokee card No. 4321. 20. 00
Section 10:
NE. ', of NE. \; E. A of NW. \ of NE. \; Allen H. Gibson, Cherokee
card No. 4327 60. 00
E. A of NW. 1; S. A of NW. 4 L of NW. i; SW. \ of NW. }; Rufus
Miller, Cherokee can 1 N< ». 9998 140. 00
Section 11:
X. A of NW. S of NW. 1 : Allen H. Gibson. Cherokee card No. 4327.. 20.00
S. .' of NW. 1; N. A of NE. \ of SW. \ ; SW. | of NE. 1 of SW. };
NW. 1 of SW. j ; N. A of SW. } of SW. \ ; SW. | of SW. 5 of SW. \;
Allen H. Gibson, Cherokee card No. 4327 180. 00
Section 15:
NE. ', of NW. J ; NE. 1 of NE. | of SW. \ ; Rufus Miller, Cherokee card
No. 9998 50. 00
SW. j of SW. 1 of SW. 1 ; Dixon heirs, Cherokee card No. 2788 '. . 10. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 199
Section 16: Acres.
N E. I of N E. | ; E. h of NW. } of NE. }; N. h of SE. } of NE. }; Rufua
Miller, Cherokee card No. 9998 80. 00
W. i of NW. J of NE. J; NE.} of NW. }; E. h of NW. J of NW. ',:
SW. ! of NW. \ of NW. i ; SW. \ of NW. | ; N. J of SE. } of NW. | :
N.J of SW.} of NE. J; Andrew II. Norwood, "Cherokee card No.
4321 170. 00
NW.} of NW. } of NW.}; Richard M. Fields, Cherokee card No.
4223 10. 00
SW. J of SE. | of NE. 1 ; S. \ of SW. | of NE. | ; S. .1 of SE. ', of NW. 1 ;
SW. j; NW. 1 of SE.}; N.J of SW. | of SE. ',; NW. | of SE. } of
SE. }; W.J of NE. } of SE.}; Frank M. Overlees, Cherokee card
No. 4293 300. 00
S. I of SW. } of SE. }; John H. Johnson, Cherokee card No. 4231 .... 20. 00
Section 17:
E. I of NE. }; Richard M. Fields, Cherokee card No. 4223 80. 00
Section 18:
E. \ of NW. }; lot 1; N. 21.13 acres lot 2; SE. 10 acres lot 2; NW. \ of
NE. \ of SW. }; Jacob H. Bartles, Cherokee card No. 4326 16:'.. 53
Section 21:
N. \ < >i SW. \ : John H. Johnson, Cherokee card No. 4221 80. 00
SW. | of SW. }; Andrew H. Norwood, Cherokee card No. 4321 40. 00
N. J of SE. I of SE. }; Dixon heirs, Cherokee card No. 2788 20. 00
Section 22:
S. J of N. I of NE. } ; Dixon heirs, Cherokee card No. 2788 40. 00
Section 24:
S. J of SE. }; SE. } of SW. \ ; E. J of SW. } of SW. }; Asa C. Statham,
Cherokee card No. 1252 140. 00
Section 25:
N. J of N. \ of NE. }; N. J of NE. J of NW. ', : NE. | of NW. | of NW. | ;
Asa C. Statham, Cherokee card No. 1252 70. 00
SI-:. \ of SE. } of NE. }; NE. } of NE. } of SE.}; Robert Morrison,
Cherokee card No. 4294 20. 00
Section 27:
N. \ of NE. } of NE. \ ; William Musgrove, Cherokee card No. 4978 . . 20. 00
NW. | of SW. i of SW. \ ; Morris F. Knight, Cherokee card No. 3308. 10. 00
Section 28:
SW. \ of NE.} of SE.}; S.J of NW.} of SE.}; Morris F. Knight,
Cherokee card No. 3308 30. 00
S W. | ( if NW. 1 ; Andrew II. Norwood, Cherokee card No. 4321 40. 00
Section 29:
E. A of NW. } of NW. }; Andrew Daniels, Freedman card No. D-859 . 20. 00
W. I of NW. 1 of NW. }; Nelson F. ( !arr, Cherokee card No. 4206. . . . 20. 00
E. j"of SE. | of SW. 1 ; Morris F. Knight, Cherokee card No. 3308 20. 00
Section 30:
NW. } of NE. }of SE. }; NW. \ of SE. | ; W. A of SW. \ of SE. }; Nelson
F. Carr, Cherokee card No. 4206 70. 00
Section 31:
S. A of NE. } of NE. }; SE. \ of NE.}; William (I. Rogers, Cherokee
card No. 4236 60. 00
W. A of NE. }; Nelson F. Carr, Cherokee card No. 4206 80. 00
Lots 3 and 4: NW. \ of SE. } of SW. \ ; William G. Rogers, Cherokee
card No. 4236 92. r^
E. J of SE. } of SW. ]; SW. | of SE. j of SW. \ ; Jacob II. Bartles,
Cherokee card No. 4326 30. 00
Section 32:
E. \ of NE. } of NW. 1: SW. j of SE. ', of NW. }; Morris F. Knight,
( Jherokee card N< ». 3308 30. 00
S. A of NW. } of NW. 1 ; SW. ', of NW. }; William G. Rogers, Chero-
kee card No. 4236 60.00
SE. ', of NW. i; X. .', of NE. ', of SE. ', ; James M. Hamilton, Cherokee
card No. 5288 60.00
S. A of SE. } of SE. }; Frank M. Overlees, Cherokee card No. 4293 . . . 20. 00
S.ct ion 33:
NW. I of SE. ]- of NW. I; N. \ of SW.} of NW. }; Morris F. Knight,
Cherokee card No. 3308 30. 00
200 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 34: Acres -
SE. | of SE. | ofSE. ',: Nelson Beck, Freedman card No. L100 10.00
T« >tal 3, 401 . 91
TOWNSHIP 28 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 3:
NE. 1 of S\V. l; N. I of SE. \ of SW. ', : SW. | of SE. | of SW. |:
Frances Patterson, Freedman raid No. 836 70. 00
Section 4:
N. L9.02 acres, lot 2; N. 18.88 acres, lot 3; Sidney E. Bell, Cherokee
card No. 4232 37.90
W. I of SW. ',: Andrew II. Norwood, Cherokee card No. 4321 80.00
Section 5:
S. 20 acres, lot 3; NE. j of SW. \; E. h of NW. \ of SW. 1 ; N. \ of SE. | ;
N. J of SE. \ of SE. 1; Andrew II. Norwood, Cherokee card No. 4321 . 180.00
Section 9:
N. \ of NW. 1 of NW. ',; Andrew H. Norwood, Cherokee card No.
4321... 20.00
N. \ of NE. \ of NE. J; Clara Stockton, Cherokee card No. 4309 20. 00
Section 10:
W. A of NE. S of NE. ! ; NW. \ of NE. \; N. \ of SW. j of NE. \: W. \
of SE. I of NE. \ ■ SE. \ of SE. \ of NE. \ -; NE. J of SE. i ; Susie Shaw,
Cherokee card No. 3335 150. 00
E. I of NW. 1; S. * of SW. \ of NE. ]; N. \ of NW. 1 of SE. J; Julia
Dickson, Freedman card No. 1036 120. 00
Section 11:
W. \ of NE. j of NE. 1 ; NW. \ of SE. \ of NE. 1 ; W. .', of X E. \; S. \ of
NE. i of NW. S; E. £ of SW. \ of NW. ', ; SE. 1 of NW. J; N. \ of
NW. | of SE. i; SF. ', of NW. \ of SE. \- Alex Dunn, Cherokee card
No. 3369 220.00
Section 12:
S. \ of NE. \ of SE. \; Harold D. Lannom, Chen »kee card No. 4230. ... 20. 00
Section 14:
N. I of S W. \ ; George A. Waters, Cherokee card No. 632 80. 00
Section 15:
NE. \ of SE. i; George A. Waters, Cherokee card No. 632 40. 00
Section 19:
NW. 11.48 acres lot 3; Robert Doherty, Cherokee card No. 2528 11.48
SW. 11.45 acres lot 3; lot 4; Worcester Willey, Cherokee card No. 7798. 54. 23
Section 23:
SE. | of NE. \: S. I of SW. \ of NE. i; N. \ of SF. \; Marv Harrell,
Cherokee card No. 4231 140. 00
Section 24:
W. A of SF. I of NE. i; W. I of NE. \ of SF. |; Myrtle Dancer, Chero-
kee card No. 4310 40. 00
Section 26:
N. J of NE. \ ; Mary Harrell, Cherokee card No. 4231 80. 00
Section 31:
SE. I of NW. I- of SE. i; S. J of NE. \ of SE. | : SE. \ of SF. J; Richard
M. Fields, Cherokee card No. 4223 70. 00
Section 34:
NE. \ of NE. i of NW. 1; George P.. Keeler, Cherokee card No. 4271 . 10. 00
Section 36:
S. \ of NE. i of SF. S ; SE. 1 of NW. } of SE. ', : E. J of SW. | of SE. £;
SE. | of SE. 1 ; Sarah E. Courts, Cherokee card No. 4507 90. 00
Total 1, 533. 61
TOWNSHIP 29 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 16:
S. \ of N. \ of SW. | of SW. 1 : S. \ of SW. | of SW. | ; Robert L. Owen,
Cherokee card No. 5599 30. 00
Section 17:
s. \ < ,f S. \ ; Rol iert L. ( >wen, Cherokee card No. 5599 160. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 201
Section 18: Acres '
E. 16.58 acres lot 1; William McKay, Cherokee card No. 4954 16.58
W. 16.58 acres lot 1 ; lots 2, 3, 4, 5, and 6; S. ] of NE. .', ; SE. \ of NW. | ;
NE. | of SW. ',; SE. ] ; Robert L. Owen, Cherokee card No. 5599... 504.01
Section 19:
NE. ',: N. \ of SE. \; E. 4 of SE.J of SE. ', : SE. j of SW. | of SE. ];
W.J ofSW.i of SE.J; E. .1 of W.J; lots 1,2,3, and 4; Robert L.
I >wen, Cherokee card No. 5599 600. 44
Section 20:
E. I of E. j: E. 1 of NW. i of NE. j ; SW. j of NE. j : SE. | of NW. \ ;
W. 1 of NW. [ of NW. 1; SW. J of NW. ', ; W. \ of SW. \- NE. j of
SW.J; W. I of SE. | of SW. 1 : NE. | of SE. ', of SW. \; NW. | of
SE. 1; N. .', of SW. 1 of SE. }; Robert L. Owen, Cherokee card No.
5590 ". 530.00
Section 21 :
E. .'. of NE. 1; NE. | of SE. \; N. \ of SE. | of SE. \- Sidney E. Bell,
Cherokee card No. 4232 140. 00
W. h of NE. !; W. .',; NW. \ of BE. i; N. \ of SW. 1 of SE. I; Robert L.
( >wen, Cherokee card No. 5599 460. 00
S. iof S. \ ofSE. |: Andrew Reed, Cherokee card No. 4349 40.00
Section 27:
SW. \ of SW. -1- of SE. i; William F. Goodman, Cherokee card No.
4297.... 10.00
VV. I of NE. | of SW. j ; NW. ', of SW. \ ; N. \ of SW. j of SW. \ : SW. |
of SW. j of SW. ', : Andrew Reed, Cherokee card No. 4349 90.00
Section 28:
SE. | ; NW. j of NE. | ; Andrew Reed, Cherokee card No 4349 200. 00
N.J of NW. | of NW. ',: N. \ of NE. \ of NW. 1; Robert L. Owen,
Cher. »kee card N« >. 5599 40. 00
Section 30:
NW. | of NE. \; W. h of SW. } of NE. \ ; NW. \ of NW. | of SE. | ; E. \
of W. i; lots 1, 2, 3, and 4; Robert L. Owen, Cherokee card No.
5599... 3S4.20
Section 31:
SW. \ i A NW. I of NE. | ; Sidney E. Bell, Cherokee card N< ». 42:52 ... 10. 00
Section 32:
SE. j of NE. | of NW. |; E. I of SE. ', of NW. ',; George B. Keeler,
Cherokee card No. 4271 30.00
Section 33:
SW. \ of SW. 1 of NW. 1: NW. \ of NW. \ of SW; George B. Keeler,
( !her« »kee card N< ». 4271 20. 00
NE. 1 of NE. ',: Andrew Reed, Cherokee card No. 4349 40.00
Section 34:
NE. | : N. '. of NW. ! of SE. ',; NE. \ of SE. |; William F. Goodman,
( 'herokee card N< ». 4297 220. 00
W. \ of NW. 1 of NW. 1 ; Andrew Reed, Cherokee card No. 4349 .... 20.00
Total 3, 545. 23
TOWNSHIP 22 NORTH.RANGE U EAST, INDIAN MERIDIAN.
Section 6:
Lot.- 2. 3, 4, and 5; SE. | of NW. | ; SW. ', of NE. \ : lots 6 and 7; E. \
of SW. S : W. \ of SE. \ : Edward L. Halsell, Cherokee card No. 470'.) 481. 78
Section 7:
E. ( . of NW. \ ■ E. 20 acres, lot 1; NW. 10.44 acres, lot 1 ; E. 20 acre-,
lot 2; Edward L. Halsell, Cherokee card No. 4709 130. 44
Section 32:
E. h of SW. J of NW. |: William S. Edward, Cherokee card No. 560 . 20. 00
Total B32. 22
TOWNSHIP 23 NORTH, RANGE 14 EAST, INDIAN MERIDIAN.
Section 4:
W. h of NW. \ of NE. I ; James Roscopf, Cherokee card No. 4872 20. 00
202 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 34: Acres.
VV. I ofSW. J ofSE. 1; Otis S. Scidmore, Cherokee card No. 9634.... 20.00
S. foi SE. ! ofSE. |; SE. \ of SW. | of SE. ', ; Frank P.. well. Cherokee
rani No. 6542 30. 00
Section 35:
VV. ', of WW 1 of SE. !; NE. | of SW. \; E. .'. of NW. \ of SW. ', ; NW.
1 of NW. J of SW. 1; William R. Baker, Cherokee card No. 3141 .. '.mi. no
s. I of SE. 1: NE. 1 of SE. ', ; E. ] of NW. 1 of SE. \; S. .1 of SW.J;
Frank Powell, Cherokee card No. 6542 220.00
T. »tal 380. 00
TOWNSHIP 25 NORTH, RANGE U EAST, INDIAN" MERIDIAN.
Section 8:
N E. i ; John P. ( ireen wood, Cherokee card N< i. 9593 160. 00
Section 16:
E. I of NE. 1; William F. Bluejacket, Cherokee card No. 3821 80. 00
NE. | of SF. 1 : E. . ! , of NW. \ of SE. J; NE. \ of SW. \ of SE. £■; N. \
of SE. J of SF. !; William B. Wallace, Cherokee card No. 4572 90.00
s. \ of SF. 1 of SF. 1 ; SF. \ of SW. \ of SE. \; Sanford McXabb, Chero-
kee card No. 9755 30. 00
Section 29:
NW. 1 of NE. i ; Blue Thompson, Freedman card X. v. D-44 40. 00
Section 30:
SE. \ of NE. \ of SE. \; SF. \ of SE. \; SE. } of SW. J of SE. \; Andrew
Daniels, Freedman card No. D-859 60. 00
Total 460. 00
TOWNSHIP 26 NORTH, RANGE 14 EAST. INDIAN MERIDIAN.
Section 15:
S. * of SW. \ of SW. i ; SW. \ of SE. \ of SW. 4; Zula Austin, Chero-
kee card No. 9782 30. 00
Section 16:
SE. \ of SE. I of SE. i ; Zula Austin, Cherokee card No. 9782 10. 00
Total 40. 00
TOWNSHIP 27 NORTH RANGE 14 EAST, INDIAN MERIDIAN.
Section 1:
S. I of NW. \ of NE. }; W. * of NW. 1 of SF. \; George W. Patrick,
Cherokee card No. 4263 40. 00
S. \ of SF. | of NE. | : E. \ of SE. \; E. £ of NW. } of SE. 4; SW. J of-
SE. t; Robert L. Owen, Cherokee card No. 5599 ... 160. 00
Section 5:
Lot 3; N. 20.59 acres lot 4; SE. 10 acres lot 4; Christopher C. Critten-
den, Cherokee card No. 2741 — 71. 03
Section 10:
NE. I of NE. S of SW. ',; Andrew H. Norwood, Cherokee card No.
4321 10. 00
Section 13:
NW. \ of SW. ! : .lames Colbert, Freedman card No. D-520 40. 00
Section L5:
NE. \ of NE. \ of NE. i; Andrew H. Norwood, Cherokee card No.
432 1 10. 00
Section 19:
SW.6.76 acres lot 3; lot 4; Asa C. Statham. Cherokee card No. L252. 40.40
Section 30:
W. \ of SF. ', of NW. j ; Robert T. Morrison, Cherokee card No. 4294. 20. 00
Total 391 . 43
ALLOTMENT OF LANDS TO DELAWAEE INDIANS. 203
TOWNSHIP 28 NORTH, RANGE 11 EAST, INDIAN MERIDIAN.
Acres.
Section 3: Wi'nVW nWnkfie. card No. 4332. 10.00
SW. | of SW. | of SW. i; Susan M. Winkler, Cherokee card No. 4332.
60.00
eCt SE.i of SE. 1 ; E. h of SW. i of SE. \; Charles Fitzsimmons, Cherokee
card No. 6721 -
eCt E\°of NE* of SKI; N. 1 of SE. I of BE.*; Susan M. Winkler,
Cherokee card No. 4332
1 S^4.73 acres lot 3; Harold D. Lannom, Cherokee card No. 4230 14. 73
Section 9: gw of NR j K Jof NW . i of
SKiVNE^ofNW.iofSE^NW.iofSE.iofSE.^.^ulXK.
of SE. i; NE. i of NE. j of SE. \; Susan M. Winkler, Cherokee card ^
SK i o1 3 NK j" of SE. V;" NE-'i of' SE.' j of SE \'{ Willi's S. Sullivan,
Cherokee card No. 2534
SeCt w! Jof NW. fc N. } of NW. | of SW. \; Susan M . Winkler, Cherokee ^ ^
S. ?of NW. i of SW. V;"willis" S. Sullivan, Cherokee card No. 2534. . . 20. 00
SeCt E n i 1 S E. J of SW. |; John P. Willis, Cherokee card No. 6257 40. 00
SeCt SW 2 i : of SW. | ; S. i of SE. J of SW. fc S. * of SW. i of SE. |; Robert
L. Owen, Cherokee card No. 5599 ' u - uu
w! } of NW. i; Robert L. Owen, Cherokee card No. 5599 80. 00
^NKijKJof NW.i; N. h of S. h of NW. J; SE. J of SE. 1 of NW. };
Rol >ert L. Owen, Cherokee card No. 5599 '"• uu
^^LoteSand 4; W. J of NE. J of SW. fc SE. \ of SW. | ; Sarah E. Courts,
Cherokee card No. 4507 Ufk ' uo
BeC w!{rfNKtofSE.l : NW.iofSKi; N *of SW.lof SKj; SW .| of
SW. i of SE. \; Christopher C. Crittenden, Cherokee card No. 2741. HO. UU
eCt SE.fof NE. [ of SE. \; E. i of SE. | of SE. i ; David N. Coker, Chero- ^
kee card No. 4785
S " rt \F : ?- : E J of NW. h E. J of W.i of NW. fc NE. | of NW. i of SW.i;
KJofNKiofSW.i;V.JofSE.i;NEiofSE.l;N.iofSE^
of SE. i; Robert L. Owen, Cherokee card No. oo99 «U. uu
Vt S " o 5 fSW. 1 of SE. i; S. J of S. \ of SW. £; Robert L. Owen, Cherokee
card N. >. 5599 ou> uu
Section 36: f gR , q{ nw< , . sW- ,
ol SE f\ of HW.l; W. J of" XW. !: W J of SW i; WJ of E. \ of
SW. i ; Robert L. Owen, Cherokee card N o. 5599 ZWAM
Total Jf^|
TOWNSHIP 29 NORTH, RANGE 11 EAST, INDIAN MERIDIAN.
SeCti SE.| 1 of SE.t; Susan M. Winkler, Cherokee card No. 4332 40.00
TOWNSHIP 23 NORTH, RANGE 15 EAST, INDIAN MERIDIAN.
*** ElVuf XE. 1 of SIM; SW. 1 of NE. I of SE. i;E.] of SW. k of SE. *;
SE. | < »f SE. i ; Ada F< .reman, Cherokee card No. 52ob JU. uu
204 ALLOTMENT OF LANDS T< > DELAWARE INDIANS.
TOWNSHIP 25 NOTtTH, RANGE 15 EAST, 1N1HAN MERIDIAN.
Section 2: Acres.
Lots3and4; S. Jof'NW.}; S\V. ',; Robert L. Owen, Cherokee card
Nik 5599 321.44
Section 3:
Lota L, 2, and 3; S.iofNE.J; SE.^ ofNW.J;SE.J; Roberl L.Owen,
( 'hen >kee ca r< 1 N< >. 5599 402. 31
Section > :
SW. | of NE. 1 ofSE. ',; SE. ', of NW. | of SE. 1; W. .1 of NW. ', ofSE. ',;
S\V. 1 ofSEJ; William L. Cowart, Cherokee card No. 555 80.00
Section 10:
NE. ',: Roberl L. Owen, Cherokee card No. 5599 160.00
Section 11:
NW. ',; Robert L. Owen, Cherokee card No. 5599 160.00
Section 17:
S. \ of NW. ',; William L. Cowart, Cherokee card No. 555 80.00
Section 18:
W. .] of NW. 1 of NE. \; S. A of NE. \ ; William L. Cowart, Cherokee
card No. 555 100. 00
T. »tal l, 31 13. 75
TOWNSHIP 2(3 NORTH, RANGE 15 EAST, INDIAN MERIDIAN.
Section 3:
N.20. 62 acres lot 3; SW. 10 acres lot 3; lot 4; Arthur Dodge, Chero-
kee card No. D.-622 71. 36
Section 9:
SW. i of NW. i of NE. -I; W. I of SW. \ of NE. J; SW. \ of SE. \ : Ruth
E. Rogers, Cherokee card No. 5424 70. < 10
S E. 1 of SE. 4; Maude E. Rogers, Cherokee card No. 5424 40. 00
Section 12:
NE. ! of NE. \ of.NE. \; John W. Johnson, Cherokee card No. 4616 . 10. 00
Section 14:
E. .1 of SE. \ of SW. | : Marion F. Wilkins, Cherokee card No. 445:; . . 20. 00
Section 15:
N E. | i if SE. I : Marion F. Wilkinson, Cherokee card N< ». 4453 40. 00
Section 23:
SE. J ; Amanda Young, Cherokee card No. 9753 160. 00
Section 34:
S E. 1 ; Robert L. Owen, Cherokee card No. 5599 160. 00
Section 35:
S W. i ; Robert L. Owen, Cherokee card X* >. 5599 160. 00
Total 731 . 36
TOWNSHIP 27 NORTH, RANGE 15 EAST, INDIAN MERIDIAN.
Section 6:
S. .', of SW. J of NE.*; S.J of SE.} of NW. i; S. 19.20 acres lot 5;
lots 6 and 7; E. I of SW. J; W. A of SE. J; W. A of E. I of SE. i;
W. \ of E. \ of E. \ of SE. ',; Robert L. Owen, Cherokee card No.
5599 356. 23
Section 21 :
SW. j of SW. \ of SE. I; Elizabeth Mallen, Cherokee card No. 4.561.. 10. 00
SE. 1 of SW. | of SE. 1 ; S. .1 of SE. \ of SE.' J; Arthur Dodge, Cherokee
card No. D.-622 30.00
Section 26:
NE. 1 of NE. | of SW. \; W. .', of NE. \ of SW. i; W. I of SW. ',; SE. \
of SW. ',; Elizabeth Mallen, Cherokee card No. 4561 150.00
Section 33:
N. .1 of N. \ of SE. ', : SW. \ of NW. \ of SE. }; Arthur Dodge, Cherokee
card No. D.-622 50. 00
Total 596. 23
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 205
TOWNSHIP 28 NORTH, RANGE 15 EAST, INDIAN MERIDIAN.
Section 18: Acres.
NE. 1 of SW. ! of SE. | ; W. \ of SW. | of SE. \; RufusS. Stewart, Cher-
i »kee card No. 4691 ... 30. 00
Section 19:
NW. I of NW. i of NE. 1 : Rufus S. Stewart, Cherokee card No. 4691 . 10. 00
Section 20:
E. h of SE. | of NW. ', : SW. \ of SE. \ of NW. | : Rufus S. Stewart,
Cherokee card No. 4691 30. 00
Section 27:
N. I of NE. S of SW. i; William T. Cave. Cherokee card No. 9572 20. 00
SE. i of NE. I of SW. S ; E. I of SE. i of SW. \ ; Edward Rogers, Cher-
okee card N< >. 4014 30. 00
Section 28:
W. J of NW. i of SE. \; John H. Shufeldt, Cherokee card No. 4625.. . 20.00
Section 33:
NW.i of SW. ; of NW. 1; John H. Shufeldt, Cherokee card No.
4625 10. 00
SW. I of SW. I of NW. 1; W. \ of W. I of SW. 1: SE. j of SW. \ of
SW. J; SE. \ of SW. 1 ; James II. Elliott, Cherokee card No. 4488. . 100. 00
Total : . . 250. 00
TOWNSHIP 'J'.t NORTH, RANGE 15 EAST. INDIAN MERIDIAN.
Section 20:
E. i of NE. }; E. h of NW. j of NE. \ ; SW. | of NE. ) ; SE. \ ; Fannie
Bradford, freedman card No. 1013 300. 00
W. A of NW. ', of NE. i: Bernard D. Burns, Cherokee card No. 3035. 20.00
Section 29:
N. I of NE. i; NE. \ of SE. ', of NE. J; Eva J. Brown, Cherokee card
N.i. 5015 90. 00
SE.l- of SE. \ of NE. S ; W. \ of SE. \ of NE. \; SW. } of NE. ! ; Mary
Lyman, Cherokee card Ni i. 4358 70. 00
Total 480. 00
TOWNSHIP 22 NoUTH, RAMIE 16 EAST. INDIAN MERIDIAN.
Section 5:
Lot 4; Ida M. Collins, Cherokee card No. 5330 39. 96
Section 10:
W. \ of SW. \ of NE. ■; Charles M. McClellan, Cherokee card No.
10152 20. 00
Section 2s :
NW. j of NW. \ of SE. \ ; N. .', of SE. j of SW. 1 ; Watt Starr, Cherokee
card No. 4889 30. 00
Section 29:
X. .', of NE. i of SE. \ ; SW. \ of NE. J of SE. i; S. A of S. '. of NW. ', of
SE. h NE. i of SW. ', of SE. 1 : W. h of SE. \ of SE. \; Charles M.
Beavers, Cherokee card No. 4, 1l' 70. 00
SE. \ of SAV. \; Walter R. Eaton, Cherokee card No. 4928 40. 00
Section 32:
E. h of NW. \; NW. \ of SW. 1 of NE. \; Walter R. Eaton, Cherokee
card No. 4928 90. 00
NW. 1 of NE. 1 of NE. 1 ; Charles M. Beavers, Cherokee card No. 4712 10. 00
Section 33:
SK. J of NW. ■ of SE. ',; E. \ of SW. \ of SE.J; James Murphy,
Cherokee card No. 5292 30.00
Total 329. 96
TOWNSHIP 23 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 6:
SK. > of NE. S : NE. j of SK. \ ; E. \ of SE. 1 of SE. \; George A. Mabry,
Cherokee card No. D-979 100. 00
206 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 8: *****
Lot7; John Dawson, Cherokee card No. D-580 7.92
Section 32:
s. \ of NW. j of SW. ', ; SW. | of SW. | ; Ida M. Collins. Cherokee card
No. 5330 ' 60. 00
Section 33:
SE. \ of SE. ! of NW. ',; Charles M. McClellan, Cherokee card No.
101.M' 10.00
Total
TOWNSHIP 24 NORTH, RANGE 16 EAST, INDIAN* MERIDIAN.
Section 7:
Lot 2; Martin L. Patterson, Cherokee card No. D-435
Section 9:
S. \ of NW. ', : Francis M. Dawson, Cherokee card No. D-324
Section 11 :
S. \ of NE. 1 of NW. ', ; John H. Patton, Cherokee card No. 4512 .
Section 14:
W. I of NW. | of NE. ',; John H. Patton, Cherokee card No. 4512.
Section 15:
Lots 1 and 2; John H. Patton, Cherokee card No. 4512
Total -
TOWNSHIP 25 NORTH, RANGE 16 EAST. INDIAN MERIDIAN.
Section H:
W. \ of NE. | of SE. ',; NW.J of SE.J of SE. ',: William P. Ringo,
Cherokee card No. 4498 30. 00
Section 14:
NW. \ of SE. 1 of SE. V; NE. \ of SW. \ of SE. j ; William E. Roberts
Cherokee card No. 4537 20. 00
Section 24:
NE i of SE. | of SE. 1; Alfred C. Cunningham, Cherokee card No.
5320......... 10.00
Section 29:
S. J; Pat Flanagan, Cherokee card No. 45 1 7 320. 00
Section 32:
NE. \ ; Pat Flanagan, Cherokee card No. 4517 160. 00
Section 34:
NE. \ of NE. ',; NE. \ of NW. \ of NE. |; Jolly E. Robinson, Chero-
kee card No. 5476 50. 00
Section 35:
SW. \ of NW. \ of SE. \; NW. \ of SW. \ of SE. \; Jesse McKnight,
Cherokee card No. 5602 30.00
177.
92
36.
78
80.
00
20.
00
20. 00
65.
55
.).).)
33
Total 610.00
TOWNSHIP 26 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 4:
SW. \ of SE. \ of NE. \; SE. \ of SW. \ of NE. \\ Ida M. Rowley.
Cherokee card No. 4398 20. 00
N. 20.13 acres, lot 4: SW. 10 acres, lot 4; Alfred M. Gott, Cherokee
card No. 4515 . 30. 13
Section 5:
S. \ of SW. | ; William II. Robinson, Cherokee card No. 5692 80.00
Section 6:
Lot 1; F:. 20.05 acres, lot 2; N. \ of SE. \ of NE. ', : ( irant Wolfe, freed-
men card No. D-829 80. 17
N.20.05 acres, lot 3; N. 19.72 acres, lot 4; Henry Murrell, freedman
card No. I )-7SS ' 39. 77
Section 7:
E. \ of NW. i of NE. 1 ; Charles Claggett, freedman card No. D-789. . 20.00
Section 15:
NE. \ of SE. j ; Mary E. Rogers, Cherokee card No. 4014 40. 00
W. \ of SE. ',: SE. ','of SE. ',; James Riley. Cherokee card No. 4525.. 120.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 207
Section 19: Acres.
SE. 10 acres lot 4; SW. |- of SE.£ of SW.i; Madison A. Cessna,
Cherokee card No. 4437 20. 00
Section 23:
E. * of NE. i of NE. i; NE. \ of SE. } of NE. J; Rufus R. Riley, Chero-
kee card No. 4526 30. 00
NE. i of NW. | of NE. \; W. £ of NW. \ of NE. J; James Riley, Chero-
kee card No. 4525 30. 00
SW.iofNE.i of NE. >,: SE. .', of NW. i of XE.J; E. \ of S\V. \ of
NE. }; W. A of SE. J of NE. \\ SE. } of SE. \ of NE. \ ; E£. of NW. \
of SE. J; NW. i of SE. | of SE. 1 ; Atwood T. Riley, ( !herokee card
No. 4432 - 100. 00
Section 26:
E. * of SE. | of NE. J ; Susan Tucker, Cherokee card No. 7374 20. 00
Section 29:
SW. \ of NE. \ of NE. \ ; William L. Cowart, Cherokee card No. 555. 10. 00
Section 30:
SW. \ of NE. ! of NW. ',; lot 1; Madison A. Cessna, Cherokee card
No. 4437 50. 37
Sect inn 32:
NW. ! of SE. \ of NW. \ ; X. \ of SW. j of NW. \\ William L. Cowart.
Cherokee card No. 555 30. 00
NE. \ of SE. \ of NW. | : S. \ of S. i of NW.J; James F. Dale, Chero-
kee card No. 45S4 50. 00
Total 770. 44
TOWNSHIP 27 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 6:
Lot 3, less 2.50 acres occupied by town site of Lenapah; lots 4, 5, 6,
and 7: W. I of SE. j of NW. | ;' W. } of E. J of SE. J of NW. \ : W. \
of NE. J of SAW ! ; W. 1 of E. \ of NE. \ of SW. -\; SE. \ of SW. | ;
Robert L. Owen, Cherokee card No. 5599 293. 75
Section 13:
NW. \ of SW. 1 of SW. ); Addison M. McCaleb, Cherokee card No.
4434 10. 00
Section 17:
SW. 1 of SW. I; Henry Murrell, freedman card No. D-788 40. 00
Section 23:
NW. \ of NE. ] of NE.J; Emma Henderson, freedman card No. 1056 10.00
Section 27:
N. A of N. I of NE. 1 : SE. | of NE. j of NE. } ; William Fisher, Chero-
kee card No. 1047 50. 00
Section 29:
NE. \; Benjamin F. Robins, Cherokee card No. 4044 • 160. 00
Section 30:
X. ^ of NE. 1; N.i of SW. \ of NE. \: SW. \ of SW. } of NE. i; Mont-
gomery F. Canada, Cherokee card. No. 4375 110.00
Section 31:
SE. 1 ; Grant Wolfe, freedman card No. D-829 160. 00
Section 32:
W. I of SW. | ; Grant Wolfe, freedman card No. D-829 80. 00
Total 913. 75
TOWNSHIP 23 NORTH. RANGE 17 EAST, INDIAN MERIDIAN.
Section 3:
W. \ of SW.] of NW. ',; X. \ of NW. \ of SW. ]: NE. \ of SW. j NE. j
of SE. \ of SW. ',: Ellis Leek, Cherokee card No. 5463 90.00
Section 4:
N. 21.83 acres lot 1: N. 21.81 acres lot 2; William F. McSpadden,
Cherokee card No. 5443 43. 64
E. i of SE. J of NE.J; N. £ of NE. J of SE. }; Ellis Beck, Cherokee
card No. 5463 40. 00
T< ital 173. 64
208 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
TOWNSHIP _'l NORTH, RANGE IV EAST, INDIAN MERIDIAN.
Section ■">: Acres.
Lota 1 and 2; William Roberts, Cherokee card No. 4537 85. L8
Section 7:
SE. | of X\V. ',; lots 2, 3, and 4; E. ■'. of SW. ',; Littlejohn, Cherokee
card No. 9302 231.78
Section L5:
E. \ of SW. | of NW. | ; NE. | of NW. ', of SW. | ; Felix Nelems, Cher-
okee card No. 5554 30. 00
Section 17:
SW. | of NE. ! of NW. ',; SE. j of NE. | of SW. ', : W. \ of NW. | of
SW. i ; S. ■'. of SW. j ; S. .', of S. \ of SE. | ; Tom Lewis. Cherokee card
No. D-571 160. 00
Section 18:
N. I of N. ■', of N E. | ; NE. 1 of NE. \ of NW. | : < iharles H. Bacon, Cher-
okee card No. 5070 50. 00
NW. \ of NE. \ of NW. |; Littlejohn, Cherokee card No. 9302 10. 00
Section 20:
N. A , ,i N E. i ; NW. \ ; Tom Lewis, Cherokee card No. D-571 240. 00
Section 21:
SW. \ of N W. i-; Tom Lewis, Cherokee card No. D-571 40. 00
Section 27:
S. I of SE. £-; David Taylor, Cherokee card No. 5494 . .. . , 80. 00
Section 32:
W. h of NW. j of NW. | : Jesse Cochran, Cherokee card No. 5684 20. 00
SK.'i of NE.J of NW. 1; SE. j of NW. j of NW.J; N.J of SW. | of
NW. j ; SE. | of SW. | of NW \ -; SE. \ of NW. i ; John R. Mcintosh,
Cherokee card No. 5430 90.00
s\V. 1 of NE. 1 of NW. \; Jane Byrd, Cherokee card No. 5432 L0. 00
Section 35:
SE. I of NE.l; S.* of SW.l of NE.J; NW. } of SE. i; Lafavette A.
Byrd, Cherokee card No. 5450 100. 00
Total 1, 146. 96
TOWNSHIP 25 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 20:
S. h of XE. \ of SE. J ; Frank R. Gourd, Cherokee card No. 6085 20. 00
Section 21 :
NE. !■ of SE. 1 of NW.i; W. \ of SE. \ of NW. \\ Catherine Henrv,
Cherokee card No. 5499 30. 00
Section 28:
SE. j of SW. \ ; William < f. Milam, Cherokee card No. 5422 40. 00
Section 30:
N. \ of SE. i of NE. \ ; James G. Mehlin, Cherokee card No. 5521 20. 00
W.J of SE. ', of NW. ', ; Alfred C. Cunningham, Cherokee card No.
5320 20.00
Section 32:
SW. | of SW. S of N E. S ; SE. \; E. J of E. * of SW. | : SW. ', of SE. \ of
SW. ',; William E. Roberts, Cherokee card No. 4537 220.00
Section 33:
NE. S of NE. 1 of NW. | ; William G. Milam, Cherokee card No. 5422. 10.00
Total 360.00
TOWNSHIP 26 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 9:
SW. j of SW. 1 of NE. !; Israel Martin, Freedman card No. D-307... 10.00
Section 10:
NE. 1 of NW. | of NW. ', ; W. \ of NW. ! , of NW. ', ; Charles Brown,
Freedman card No. I >-952 30. 00
Section 20:
SE. j of SE. i of NE. ',; James Chaney, Cherokee card No. 4393 10.00
ALLOTMENT OF LANDS T<> DELAWARE INDIANS. 209
Section 29: Acres.
S. * of NE. } of SW. h SE. I of SW. }; E. .1 of SW. | of SW. | ; Mary
Eden Eli, Cherokee card No. 9746 80. 00
Section 32:
NW. | of NE. | of NW. I; Mary Ellen Eli, Cherokee card No. 9746 .. 10. 00
Total 140. 00
TOWNSHIP 27 NORTH, RANGE 17 EAST. INDI iX MERIDIAN".
Section 6:
S. 20 acres lot 1 ; William E. Foster, Cherokee card No. 3316 20. 00
W. 20.06 acres lot 2; lots 3 and 4; Martha E. Connor, Cherokee card
No. D-610 95. 58
Section 8:
NW. } of NE. }of SE.}; NW} of SE};" Ellis Vann, Cherokee card
No. 8233 50. 00
Total 165. 5S
TOWNSHIP 28 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 29:
NE. J of SW. \ ; W. I of SW. }; W. A of SE. \ of SW. \; NE. j of SE. \
of SW. }; Connor "heirs, Cherokee card No. 10178 150. 00
Section 31:
NE. } of NE. \ ; N. 1 of SE. } of NE. J; N. \ of SW. £ of NE. \; Connor
heirs, Cherokee card No. 10178 80. 00
S. I of SE. i of SW. ] ; Martha E. Connor, Cherokee card No. D-610 . 20. 00
Total 250. 00
TOWNSHIP 24 NORTH, RANGE 18 EAST. INDIAN MERIDIAN.
Section 1:
Lot 1; N. h of SE. \ of NE. \; John Harvey, Cherokee card No. 3296. 65. 53
W. h of W. A of SE. i ; Frances Martin, Freedman card No. D-619 40. 00
Section 12:
N. I of NE. } ; Nathan Cormicle, Cherokee card No. D-802 80. 00
Total 185. 53
TOWNSHIP 25 NORTH, RANGE 18 EAST, INDIAN MERIDIAN.
Section 22:
S W. | ; Millard F. Hicks, Cherokee card N< >. 3250 160. 00
TOWNSHIP 15 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 1:
S. J of S. \ of lot 1 ; William Davis, Freedman card No. D-14 10. 03
S. I of S. \ of lot 2; NE. } of SW. \ of NE. \ ; W. \ of SW. \ of NE. \;
SW. \ of NW. 1 of SF. j : F. \ of NE. \ of SE. }"of SW. \\ James S.
Fuller, Cherokee card No. 2002 55. 11
E. h of SE. } of SE. \ of SW. \ ; Nancy E. Berd, Cherokee card No. 2165 . 5. 00
S W. \ of SE. 1 ; diaries E. Willey, Cherokee card No. 1736 40. 00
Section 17:
SW. \ of SE. \; Francis B. Fite, Cherokee card No. 13 40. 00
Section 20:
NE. ' of NW. } of NE.}; W. \ of NW. } of NE. }; lot 1; Francis B.
Fite, Cherokee card No. 13 69. 98
SE. } of NW. } of NE. \ ■ Mary Capps, Cherokee card No. 2218 10. 00
Total 230. 12
S. Doc. 104 14
210 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
TOWNSHIP L6 NORTH, RANGE 19 EAST, INDIAN" MERIDIAN.
Section 86: Acres
NW. | of NW. ', of XK. ',; Jananna Wiliey, Cherokee card No. 6956.. 10.00
S\V. | ,,!' NW. | of XK. ',; E. \ of NE. i of NW. i; Charles W. Wiliey,
Cherokee card No. 17:;;) 30.00
NW. j of XK. | of NW.}; Mil.. J. Wiliey, Cherokee card No, L669... 10.00
NE. 10 acres lot 1; Myrtle Wiliey, Cherokee card No. 1669 10.00
W. ■', of S\V. | of SE. ',; Sarah Tyner, Freednian card No. 86 20. on
SE. | of SW. | of SE. ', ; James S. Fuller, Cherokee card No. 2002 10.00
Total 90. 00
TOWNSHIP 22 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 20:
W. \ of SE. \ of NE. \ : Sarah E. Fincher, Cherokee card No. 2891 ... 20. 00
E. h of SE. I of NE. ! ; E. \ of SE. }; E. h of W. \ of SE. j ; Francis B.
Fite, Cherokee card No. 13 140. 00
Section 21 :
S. \ of NE. \ ; SE. 1 of NW. \ ; W. \ of NW. | ; SW. \; N. \ of SE. \ ;
Francis B. Fite, Cherokee card No. 13 440. 00
Section 22:
NE. \ of SW. \ of NW. \ ; Simon McKinzev, Cherokee card No. 7578. 10. 00
SE. | of SW. } of NW. \ ; W. •] of SW. } of NW. \ ; NW. i of SW. \ ;
Francis B. Fite, Cherokee card No. 13 70. 00
Section 28:
NW. }; N. \ of N. \ of SW. }; Francis B. Fite, Cherokee card No. 13 . 200. 00
Section 29:
E. h of NE. }; E. \ of NW. \ of NE. }; N. * of NE. \ of SE. J; Francis
B. Fite, Cherokee card No. 13. . 120. 00
Total 1, 000. 00
TOWNSHIP 23 NORTH. RANGE 19 EAST. INDIAN MERIDIAN.
Section 4:
s. I , »f SE. | ; Francis B. Fite, Cherokee card No. 13 80. 00
Section 9:
EA; E. i of NE. } of NW. J ; SW. \ of NE. } of NW. \; SE. \ of NW. \;
Francis B. Fite. Cherokee card No. 13 390. 00
NW. \ of NE. \ of NW. \; Julia Billingslea, Cherokee card No. 10209 10. 00
Section 16:
W. ) of NE. 1; S. I of SW. 1; Francis B. Fite, Cherokee card No. 13. 160.00
Section 17:
E. * of SE. I; William A. Hancock, Cherokee card No. 2620 SO. 00
Section 20:
NE. 1 of NE. I; N. J of SE. \ of NE. \; George Clark, Cherokee card
No. 3142 60. 00
Section 21:
NW. } ; SE. \ of NE. \ ; E. \ of SE. | ; SW. j of SE. \\ Francis B. Fite,
Cherokee card No. 13 320. 00
Section 22:
W. \ of SW. j of NE. ',: S. \ of NW. ', : SW. ', : W. \ of W. \ of NW. ',
of SE. ! : Francis B. Fite, Cherokee card No. 13 270. 00
Section 27:
W. \ of W. \ of NW. \ of SE. 1 : < teorge W. Poplin, Cherokee card No.
3123 10.00
W. .'. of ]•;..', of NW.}; W.. 1 , of NW.*; Francis B. Fite, Cherokee
card No. L3 120.00
Section 28:
NE.}; Francis B. Fite, Cherokee card No. 13 160.00
Total 1 . 660. 01 1
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 211
TOWNSHIP 24 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 4: Acres.
N. h of SW. \ : Jesse Reese, Freedman card No. 705 80. 00
SE.iofSE.i of SW.i; 8. i of SW.Jof SW. 1; Malinda Secondine,
Cherokee < ard No. 3243 30. 00
Section 5:
NKiofNE.} of SE.i; W. * of NE. J of SE. \ ; Martha M. Smith,
Cherokee card No. 3356 30. 00
SE. \ i if SE. \ ; Malinda Secondine, Cherokee card No. 3243 40. 00
Section 6:
Lots 6 and 7; Thomas Fox, Cherokee card No. 3468 80. 24
Section 8:
NE. \ of NE. \; N. * of SE. \ of NE. ]-; Malinda Secondine, Cherokee
card No. 3243 60.00
S. i of SE. \ of NE. 1 ; Charles Hawkins, Cherokee card No. 5452 20. 00
Section 9:
s\V. J of NE. \ of NW. i ; W. \ of NW. | ; NW. \ of SE. \ of N\V. \; Ma-
linda Secondine. Cherokee card No. 3243 100. 00
E. h of SE. 1 of NW. 1 : SW. \ of SE. \ of NW. \ ; Fred Rame, Cherokee
card No. 3242 30. 00
Section 36:
NW. \ of NW. \; Lora B. Thompson, Cherokee card No. 3291 40. 00
SW. | of SW. J; John Cox, Cherokee card No. 4124 40.00
Total 550. 24
TOWNSHIP 25 NORTH. RANGE 19 EAST. INDIAN MERIDIAN.
Section 29:
N. \ of N. \ of SE. \ : X. A of SW. i ; William C. Hampton, Cherokee
card No. 291 6 120. 00
S. \ of SW. \ of SW. i ; William Williams, Cherokee card No. 3182 . . . 20. 00
Section 32:
N. \ of NW. 1 of NW. 3 : William Williams, Cherokee card No. 3182. . 20. 00
S.JofN. JofNW. \; SW. ^of NW. \ of NE. \; W. h of SW. \ of NE. \ :
NW. £ of NW. \ of SE. \; N. \ of SE. \ of SW. ', ; William L.
Harlin, Cherokee card No. 3190 100. 00
SE. J of NE. 1 of SE. 1 : E. \ of SE. | of SE. \ : SW. \ of SE. \ of SE. \\
Joel E. Herod, Cherokee card No. 2819 40.00
Total 300. 00
TOWNSHIP 28 NORTH. RANGE 19 EAST. INDIAN MERIDIAN.
Section 1:
Lots 1 and 2; N. J of S. \ of NE. \; George W. Seisel, Cherokee card
No. 5660 58. 44
Section 14:
S. * of SW. 1 of NW. \: W. \ of NE. \ of SW. ]; Joseph C. Land,
Cherokee card No. 3968 40. 00
Section 23:
S. I of N. h of NE. ! : N. i of S. *; N. h of SE. J of SE. J; Joseph C.
Land, Cherokee card No. 3968 220.00
Total 318. 44
TOWNSHIP 29 NORTH. RANGE 19 EAST. INDIAN MERIDIAN.
Section 36:
E. * of NE. J; Francis A. Meek, Cherokee card No. 6522 80. 00
SE. i of SE. \ of NW. \; W. * of SE. \ of NW. \: W. j| of NW. \:
SW. 5: George W. Seigel, Cherokee card No. 5660 270.00
Total 350. 00
212 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
TOWNSHIP 15 NORTH, RANGE 20 EAST, INDIAN MERIDIAN.
Section 6: Acres
N.20.07 acres lot 3; lot 4; William Davis. Freedman card No. D-14.. 56.56
W. I of SW. | of SW. 1 of NK. |: SE. ', of SE. | of NW. ', ; N. \ of
NE. 1 of s\\'. \. less 2.50 acres occupied by national cemetery; Wal-
ter Scott, Cherokee rani No. L699 32.50
Total 89. 06
TOWNSHIP 10 NORTH. RANGE 20 EAST. INDIAN MERIDIAN.
Section 30:
NW. 1 of SE. ',; NE. ', of SW. ', ; NW. \ of SE. | of SW. £; Henry Eif-
fert, Cherokee card No. 2307 90.00
Section 31:
W. * of W. \ of NE. I; E. \ of NW. \ ; E. 20 acres lot 2; Nancy E. Berd,
Cherokee card No. 2165 140. 00
NE. | of SE. 1 of N E. \ ; Mike Fields, Freedman card No. 454 10. 00
SE. | of SE. \ of NE. i; W. ] of SE. £ of NE. }; E. J of SW. \ of NE. j ;
Jennie Beck, Freedman card No. 363 50. 00
Total 290. 00
TOWNSHIP 24 NORTH. RANGE 20 EAST, INDIAN MERIDIAN.
Section 19:
S. I of SE. \ of NE. \; Johnson Landrum, Cherokee card No. 3785. . . 20. 00
Section 30:
E. \ of NW. \; E. 20 acres lot 1; W. 15.99 acres lot 1, less 10.99 acres
occupied by town site of Big Cabin; lot 2; Andrew M. Trout, Cher-
okee card No. 3058 140. 95
Section 31:
E. \ of NW. \; Edna J. Trout, Cherokee card No. 3425 80. 00
Total 240. 95
TOWNSHIP 25 NORTH, RANGE 20 EAST, INDIAN MERIDIAN.
Section 27:
NW. £ of NW. \ of NW. \; Edward L. Halsell, Cherokee card No.
4709 10. 00
Section 28:
NE. \ ; Edward L. Halsell, Cherokee card No. 4709 160. 00
Total 170. 00
TOWNSHIP 28 NORTH. RANGE 20 EAST, INDIAN MERIDIAN.
Section 6:
Lot 1; S. 20 acres lot 2; NW. \ of NW. \ of SW. ]; Alexander M.
Anderson, Cherokee card No. 4067 77. 56
Section 7:
SE. \ of NW. \ ; Albert V. McGhee, Cherokee card No. 4491 40. 00
SW. 9.30 acres lot 2; Pressley B. Kinnison, Cherokee card No. 4005. 9.30
Total 126. 86
TOWNSHIP 23 NORTH, RANGE 21 EAST. INDIAN MERIDIAN.
Section 10:
l.uts 1, 4, and 5; T. Wyman Thompson, Cherokee card No. 3974 61. 70
Section 11:
Lots 3, 4, 5, and 6; S. \ of NW. ', ; N. \ of SW. 1 : W. \ of NW. i of SE.
i; SE. \ of NW. \ of SE. \; T. Wyman Thompson, Cherokee card
No. 3974 ' 309. 60
Total 371.30
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 213
TOWNSHIP 24 NORTH, RANGE 21 EAST, INDIAN MERIDIAN.
Section 9: Acres.
N. £ of N. \ of SW. \\ SE. \ of NE. \ of SW. |; James H. Harman,
Cherokee card No. D-476 50. 00
Section L5:
SE. \ of NW. \\ N. A of SW. \ of NW. j ; Sarah E. Collins, Cherokee
card No. 3790 60. 00
SE. \\ E. \ of SW. 1; John I. Hawkins, Cherokee card No. 3679 240. 00
Section 17:
SW. \ of NE. \ of SE. i; James T. Woodall, Cherokee card No. 3415. . 10. 00
Section 22:
N. * of NE. \; NE. \ of NW. \; John I. Hawkins, Cherokee card No.
3679 120. 00
NW. 1 of SW. \; Spencer Landrum, Freedman card No. 743 40.00
S. * of SW. i; W. I of SW. \ of SE. \ • SE. \ of SW. \ of SE. ]; Rohert
L. Scott, Cherokee card No. 27 110. 00
E. I of SE. J ; Stan Miller, Cherokee card No. 381 1 80. 00
Section 25:
SW. J of SE. \ of SW. \- S. i of SW. S of SW. |; William H. Ward,
Cherokee card No. 4169 30. 00
Section 26:
S. I of SE. J of SE. 1 ; William H. Ward, Cherokee card No. 4169 ... 20. 00
Section :>">:
S. I of NE. \ of SW. J; SW. \ of NW. J of SE. J; James D. Yost,
Cherokee card No. 3552 30. 00
NE. 1 of NE. 1: N. h of SE. | of NE. ] ; SW. | of SE. | of NE. fc;
William H. Ward, Cherokee card No. 4169 70. 00
Section 36:
N. 1 of NW. ! of NW. |; William H. Ward, Cherokee card No. 4169. 20. 00
Total 880. 00
TOWNSHIP 22 NORTH. RANGE 22 EAST. INDIAN MERIDIAN'
Section 21:
E. h ; Sterling Colston, Cherokee card No. 9585 320. 00
Section 22:
S. i of NE. i; E. * of NW. }; NW. \ of NW. \; N. I of SW. \ of
NW. 1; SE. | of SW T . | of NW. \; Milton K. Thompson, Cherokee
card No. 17 230. 00
SW. ', of SW. | of NW. 1; Sterling Colston, Cherokee card No. 9585. 10.00
SW. \; W. \ of SE. \; Robert D. Blackstone, Cherokee card No.
7033 240. 00
E. I of SE. |; Pleasant N. Blackstone, Cherokee card No. 7012 80. 00
Total 880. 00
TOWNSHIP 25 NORTH, RANGE 22 EAST, INDIAN MERIDIAN.
Section 35:
SE. \ of SE. \ of SE. \\ W. \ of SE. \ of SE. ]-; George A. Country-
man, Cherokee card Ni i. 2960 30. 00
Section 36:
NW. \ of SW. \ of NW. \\ George A. Countryman, Cherokee card
No. 2960 10. 00
E. \ of SE. \ of SW. i; John R. Hastings, Cherokee card No. 5830.. 20.00
Total 60. 00
TOWNSHIP 26 NORTH. RANGE 23 EAST. INDIAN MERIDIAN.
Section 7:
S. \ of S. \ of NE. \\ Richard Sarasas, Cherokee card No. D-2846 40. 00
Section 23:
SE. i; William P. Randall, Cherokee card No. R-645 160. 00
Total 200. 00
214 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
TOWNSHIP 11 NORTH, RANGE 24 EAST, INDIAN MERIDIAN.
Section <i:
s. .', lot 1; s. I'd acres lot 2; NW. 9.76 acres lol 2; lot :•!; N. I of SK. J
of NW. ',; X. \ of S\V. 1 of NE. ',; SE. j of SW. | of NE. | : SK. |
of NE. ',, less 17. SO acres occupied by town site of Sallisaw; William
0. Bruton, Cherokee card No. L280
NE. 9.75 acres lot 2; Argyle Quesenberrv, Cherokee card No. 960
s. \ of SE. | of NW. 1; SW. | of SW. \ of NE. \ ■ NW. 1 of SE. \; NE. |
ofSE. ', less 0.08 acre occupied hy town site of Sallisaw; Charles Fry,
Cherokee card No. 1817
Total
TOWNSHIP 21 NORTH, RANGE 24 EAST, INDIAN MERIDIAN.
Section 5:
S. i of SW. {: Thaddeus M. Morris, Cherokee card No. 5137
A.cr< s.
161.33
9.75
109. 91'
281. 00
80.00
Grand total 39, 120. 45
Exhibit C.
Land in Adams and Logan list which has been claimed by Cherokee citizens of Delawart
blood, claiming under their Cherokee right as shown by attempts to file thereon.
[Where same land is claimed by two applicants, only the original claim is shown.]
Dela-
ware
fc
card
No.
1
345
2
95
3
78
4
134
5
134
6
134
7
78'
8
78
9
78
10
78
Register
No.
None.
None.
None.
None.
None
722
None
None
None
.lames Shaw:
NW.i of NE. I of...
N.iof SW.Jof NE.
Roy L. Sarcoxie:
NW. Joi ■ SW. |of....
S.i of NE. jot SW. i.
NW.j of SE.i ot'SW.
ne. ; oisw. : of sw.
Lizzie Lenowisha:
E.J of NE.i.lesa 0.7s M., K. & 0.
R . R. right of way of
Silas Longbone:
Lot 1 of
NW.i f XE. { of NW.i
Roy Longbone:
E.i of E. J of NW.i ..
NW.-; of SE. -' of NW.
SW. |of NE. 1 of NW.
Jesse Longbone:
Lot 2 of
SW.i of SE.iofNW. :
Marv Wilson:
W.{ of NW.i f
Minnie Wilson:
NE. i of NW.i of NW.
W.|of NW.i of sw. ;
SE.i of NW.i of SW.i
N..'. of SW.^ of SW.i..
Charles Wilson:
NW.i f se.j of SW.
S. | of NE. 1 of SW.i..
E. .', of SE. a of sw.i.:
NE. i of NE. J of NW.
Lillie Wilson:
NW.i Of xe. i of NW.
SW.i of SE.i of SW. |
S.^of SW.i of SW.i..
Indian meridian.
Sec.
Tp.
1/0
28
10
28
10
25
10
25
10
25
10
25
11
27
30
25
30
25
30
25
30
25
30
25
30
25
30
25
12
27
17
27
8
27
8
27
8
27
8
27
8
J7
8
27
17
27
17
27
8
27
8
27
Acres.
Total
acres.
40.00
20. 00
10. 00
20.00
10. 00
10.00
13
79. 22
14
39.65
14
10.00
14
40. 00
11
10. 00
14
10.00
14
39.77
14
10.00
13
14
10.00
11
20.00
14
10.00
14
20. 00
14
10.00
11
20.00
14
20.00
14
in, (in
14
10.00
14
10.00
14
20.00
fiO. 00
80.00
79. 22
49.65
49.77
SO. 00
60.00
60. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
215
Land in Adams and Logan list which has been daimedby Cherokee citizens of Delawan
blood, claiming under th ir ( 'herokee right asshown by attt mptstofili hereon— Cont'd.
Dela-
ware
card
No.
Register
No.
Name.
Indian meridian.
Acres.
Total
acres.
s
Sec
Tp.
R.
11
366
177
88
88
88
115
11 :•>
73
182
None
None
None.
None.
None.
None.
None.
None.
None.
Joseph Powell:
X iofSW ' of SE. 1
7
12
1
1
31
31
29
31
31
19
30
30
30
30
30
30
30
30
30
30
12
19
19
27
27
25
25
27
27
27
27
27
26
26
26
26
26
26
26
26
26
26
26
26
21
21
14
L3
13
13
13
13
13
.::
13
13
13
13
13
13
13
13
13
13
13
13
12
13
13
20.00
10.00
\ w ■ Hi x w 1 1 if sw. ;
James Jackson:
30 00
12
39.91
in. (Hi
-W ' of NW 'of
Eliza J. Rogers:
79 91
13
10.00
14
Lillie Rogers:
3W of NE ' of
40.00
40.00
\F ' i',' SW ' Oi
Arthur M.Rogers;
\\V ' of NE J of
15
40.00
41.28
Nellie Knipe:
NW 'ofSW ' hi SE. i
81 28
16
10.00
20.00
20. 00
10.00
10.00
10.00
10.00
E l "of NE | of NE |
\ l of SE ' nf NKJ
SW ' of sf* ' of NE. ;
SE "'*of SW * of NE. }
ne. ■: of xw. ; of sk.j
Lila K
<W l of SW ' of NE !
90 00
17
10.00
20. 00
20. 00
10.00
E - of NE ' of s\v ;
Nellie V.Johnstone:
N. i of NE. i. less 1.10 M., K.& 0.
R. R. right of way and station
grounds, and 7.52 K. 0. C. & S.
K. K. right of way.
Annie McNair i n<§e Spybuck) :
NE 'of SW j of
60 00
18
68.83
19
40.00
39. 96
Lot
1,198.62
Exhibit D.
The list of land til" 1 with the Commission toth Five Civilized Tribes, December 16, 1902,
and amended January 23, 1903, by Walter S. Logan, claiming to bt the attorney for th
Delaware Indians, is found as indicated below, (rum the Commission's records, to be
claimed arc! occupied by Delaware citizens of the Cherokee Nation, as per Commissions
nship cards, and to this land there has not appeared any advers< claimant.
TOWNSHIP 20 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 25 ■
E. h of NE. h E. I of SW. | of N E. | ; SW. J of SW.'i of N E. | ; SE. \;
( reorge Bnllette, Delaware card No. 325; register No. 472 2. 0. 00
Section 36: „ , , „_ , ,
NE. }; SE. 1 of NW. \; E. I of NE. \ of NW. \; SW. \ of NE. \ ot
NW. \; N. \ of SW. S ; N. i of SW. ] of SW. \; N. J of SE. }; George
Bnllette, Delaware card N< ». 325; register No. 472 -110. 00
Total ^°- 00
TOWNSHIP 22 NORTH. RANGE 12 EAST, INDIAN MERIDIAN.
* N** of N. \ of SE. i; SE. \ of NE. \ of SE. \; SE. \ of SW. | of SE.i;
William Washington, Delaware card No. 137; register No. 829
60.00
216 ALLOTMENT OF LANDS TO DELAWARE INDIAN .
Section 24: Acres
SE j of NE. | of NE. 1; E. ] of SE. ', of NE. ', : William Washington,
Delaware card No. L37; register No. 829 30. 00
Total 90. 00
TOWNSHIP 24 NORTH, RANGE 12 EAST, [NDIAN MERIDIAN.
Section 25:
SE. | of SE. ', ; W. ■'. of SE. ', ; William McEwin, Delaware card No.
96; register N< >. 398 120. 00
Section 36:
N. I of NE. ',; William McEwin, Delaware card No. 96; register No.
398 ^0^00
Total 200.00
TOWNSHIP 25 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 14:
S. h of NE. \ -; Julia Bronson, Delaware card No. 79; register No. 100. . . 80. 00
Section 36:
E.iof SE.}; E.iof W.JofSKi; NW. } of NW. 1 , of SE. \; Patiacow,
Delaware card No. 80; register No. 40. .. 130. 00
Total 21 0. 00
TOWNSHIP 26 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 1:
W. I of SE. \ of SW.i; Carrie V. Overlees, Delaware card No. 125;
register No. 406 20. 00
Section 13:
SW.J of NE. }; W.J of SE.J; E. h of SW.J; BE. J of NW.}; Mary
Thursday, Delaware card No. 87; register No. 627 240. 00
E. I of SE. i; Jane Buford, Delaware card No. 98; register No. 814. . 80. 00
Section 24:
W. I of NE. \ of NE. }-; NW. \ of NE. \; E. i of NW. \; Mary Thurs-
day, Delaware card No. S7; register No. 627 140.00
S. \ of NE. | ; N. i of SE. }; N. J of SE. \ of SE. }; NE. }- of SW. i of
SE. J; John Sarcoxie, Delaware card No. 207; register No. 653 190.00
S. h of SE. S of SE. \ ; SE. \ of SW. \ of SE. }; Patiacow, Delaware card
No. 80; register No. 40 30. 00
Section 25:
NE. \ of NE.i; NE. \ of NW. } of NE. }; Patiacow, Delaware card
No". 80; register No. 40 50. 00
SE. \ of NW. \ of NE. }-; E. h of SW. \ of NE. } ; SE. \ of NE. } ; NE. \
of SE. i; E. J of NW. } of SE. \\ Carrie V. Overlees, Delaware card
No. 125; register No. 406 130. 00
Total 880. 00
TOWNSHIP 27 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 1:
Lot 1: NE. j of SE. j of NE. \; Mary Washington, Delaware card No.
198; register No. 61 *. 50.90
NW. \ of SE. ) of NE. ]; N. \ of SW. j of NE. \: SW. .', of BW.-J of
NE. ',; SE. | of NW. \\ lots 2 and 3; John Young, Delaware card
No. 74; register No. 219 160. 76
SE. ! ofSW. j of SE. !; W. \ of W.I of SE. ', ; E. \ of SW.J; SW. } of
SW. i; SW. ! of NW. \ of SW.J; John Yellow jacket, Delaware card
No. 141); register No. 4:;7 180. 00
SW. \ of NW. 1; N. J of NW. \ of SW. j: SE. 1 of NW. ) of SW.J;
Frenchman, Delaware card No. 85; register No. 376 70.00
Lot 4; Frank Frenchman, Delaware card No. 146; register No. 378... 40.67
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 217
Section 2: Acres -
Lot 1; Frank Frenchman, Delaware card No. 140; registerNo. 378 40. 76
E. A of SE. £ of NE. ] ; Frenchman, Delaware can! No. 85; register No.
376 20. 00
NW. 10.38 acres of lot 2: lot 3; Thomas Buffalo, Delaware card No. 117;
register No. 711 (?) 31. 10
SW. \ of SW. I of NE. 1 ; 8. 10.22 acres of lot 4; Widow J. Easy, Dela-
ware card No. 133; register No. 4(>2 20. 22
Section 12:
\Y. \ of NE. I; N. \ of NW. \ of SE. \\ NE. \ of NE. \ of SW. | ; E. \ of
NW. \; NE. \ of SW. \ of NW. 4 ; E. i of NW. \ of NW. |; NW. | of
XW.-j of NW.J; John Yellowjacket, Delaware card No. 149; regis-
ter No. 437 '. 230. 00
Total 843. 60
TOWNSHIP 28 NORTH, RANGE 12 EAST, INDIAN MERIDIAN.
Section 12:
S. \.oi SE. \ of SW. 1; William Wilson, Delaware card No. 184, reg-
ister No. 136 20. 00
Section 13:
SE. \ of SE. \ of NE. \\ W. \ of SE. \ of XE. \; SW. \ of XE. £ of
NE. \\ SW. i of NE. |; S. I of NW. \ of XE. j; NW. \ of NW. |
of NE. i; X. .', of SF. |: X. J of S. \ of SE. J; XE. 1 of SE. } of
SW. \; W. j of SF. | of SW. \; SW. j of SW. }; X. J of SW. \ ; E. §
of NW. h E. | of SW. \ of NW. ',: SF. ', of NW. | of NW. \ : Wil-
liam Wilson, Delaware card N< >. 184; register Xo. 136 490. 00
S. J of S. } of SF. \\ SE. | of SE. \ of SW. 5; Thomas Buffalo, Dela-
ware card No. 117; register No. 711 (?) 50. 00
NE. \ of NW. 1 of NW. i; W. 3 of W. \ of NW. i; Frank French-
man, Delaware card No. 146; register No. 378 50. 00
Section 14:
N. \ of NE. \; SE. \ of NE. \; NE. \ of SW. 1 of NE. \; Frank
Frenchman, Delaware card No. 146 ; register X< >. 378 130. 00
S. J of SW. |- of NE. }; NW. j of SW. \ of XE. ]; William Wilson,
Delaware card Xo. 184; register Xo. 136 30. 00
Section 24:
SW. 1 of SW. \ of XE. \; W. j of XF. \ of NW. \\ XW. 1 of XW. \ ;
William Wilson, Delaware card Xo. 184; register Xo. 136 70. 00
X. I of NE. ',; X. \ of S. > of NE. | ; SW. } of SE. \ of NE. J; SF. |
of SW. | of NE. i; E. A" of XF. \ of XW. *-; Thomas Buffalo, Dela-
ware card No. 117; register No. 711 (?) : 160. 00
Section 25:
S. I of SE. I of XF. ', ; XF. \ of SF. \ ; W. A of SE. \ of SE. fc E. J of
S r W. } of SE. \; XW. 1 of SW. \ of SF. J; S. A of NW. i of SF. |;
XE. | of XW. I of SE. 1; John Young, Delaware card No. 74; reg-
ister No. 219 I 140. 00
E. A of SE. ^ of SE. ',; Mrs. Minnie Britton, Delaware card No. 196,
register No. 218 20. 00
Section 35:
S. I of SW. \ of XF. i ; W. \ of SF. i ; S. 10.12 acres of lot 2; lots 3 and
4; Thomas Buffalo, Delaware card No. 117; register Xo. 711 (?) 150.67
SW. i of SF. \ of SE. ij; Frank Frenchman, Delaware card No. 146;
register No. 378 10. 00
Section 36:
E. A of E. A of XE. |; Mrs. Minnie Britton, Delaware card No. 196;
register Xo. 218 40.00
W.j of E. A of XE. 1; F. A of \V. .', of NE. i; SW. $ of SW. J of NE. J;
W.J of NW. \ of SF. 1: SW. 1 of SF. i; F. A of XF. j of SW. t; XW. |
of NE.Jof SW.i; F. 4 of SE. \ of SW.fc SW. 1 of SF. j of SW.fc
SF. ', of SW. -1 of SW. .', ; John Young. Delaware card No. 74; regis-
ter No. 219 --- 220. 00
NE. } of SE. i; E. A of XW. ',- of SE. ', ; SF. \ of SE. £•; Mary Washing-
ton, Delaware card No. 198; register No. 61 100. 00
SW. j of SW. \ of SW. ;; Frank Frenchman, Delaware card No. 146;
register No. 378 10. 00
Total 1, 690. 67
218 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
TOWNSHIP 20 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 27: ^ creE
E. '. of SW. 1; SE. | of NW. | of SW ',; John Bullette, Delaware card
No. 319; register No. 902 - do. no
Section 30:
Lots 1, 2, 3, and 4; George Bullette, Cherokee card No. 325; register
No. 472 , 141.68
Section 31:
Lot 1; X. 17.67 acres of lot 2; George Bullette, Delaware card No. 325;
register N< >. 472 53. 04
Section :!4:
NE. ', of NW. !: X. I of SE. 1 of NW. \ ; John Bullette, Delaware card
No. 319; register No. 902 60. 00
Total 344. 72
TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 19:
W. \ of E. I of NW. 1; W. I of SE. \ of SW. }-; lots 1, 2, and 4; Mary
Spybuck, Delaware card No. 182; register No. 882 179. 80
TOWNSHIP 22 NuRTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 18:
S. 18.13 acres of lot 1; lots 2, 3, and 4; William Washington, Delaware
card No. 137; register No. 829 127. 00
Section 19:
Lots 1 and 2; William Washington, Delaware card No. 137; register
No. 829... 72.28
Total 199. 28
TOWNSHIP 24 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 16:
E. \; SW. i; E. h of NW. \\ SW. \ of NW. ', ; Nancy Caesar, Dela-
ware card No. 91 ; register No. 126 600. 00
Section 28:
N. \ of NW. 1; Mary White, Delaware card No. 93; register No. 47.. 80.00
Section 30:
Lots 1 and 2; William McEwin, Delaware card No. 96; register No. 398. 66. V» *
Total - 746. 97
TOWNSHIP 2.". NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 2:
N. \ of N. \ of SE. 1; NE. \ of NE. \ of SW. \\ John Brown, Dela-
ware card No. 162; register No. 523 50. 00
S. \ of S W. i; Amanda Bixler, Delaware card No. 167; register No. 525. 81 1. 1 10
Section 3:
SE. I ; SE. | of SW. \ ; S. }, of NE. \ of SW. \ ; N E. | < »f N E. \ of SW. | :
John Sarcoxie, Delaware card No. 207; register No. 653 230. 00
of SW. I- of SW. !; NW. [ of SW. \ of SW. ', ; Lizzie Peacock,
Delaware card No. 211; register No. 39 30.00
X. \ of NW. \ of SW. j ; SW. \ of NW. | of SW. \ ; Eliza Beaver, Del-
aware card No. 148; register No. 480 30. 00
Lots 3 and 4; MaryD. Sarcoxie, Delaware card No. 126; register No. 556. 80. 15
Section 4:
Lot 1; N. 20.04 acres of lot 2; SE. 10 acres of lot 2; Mary D. Sarcoxie,
Delaware card No. 126; register No. 556 70. 12
NE. \ of SE. |; NE. 1 of SE. ! of SE. ]-; SE. | of NW. \ of SE. \; Eliza
Beaver, Delaware card No. L48; register No. 480 60.00
SE. | of SE. ', of SE. 1: W. \ of SE. \ of SE. \ : E. \ of SW. \ of SE. ',;
SW. \ of SW. 1 of SE. ',; SE. ', of SE. j of SW. { ; Lizzie Peacock,
Delaware card No. 211; register No. 39 70. 00
W. \ of SE. 1 of SW. ', ; SW. j of SW. ',; Mary Bascomb, Delaware
card No. 135; reuister N< >. <>77 .- 60, 00
SE. 1 of NE. ! of SW. 1; W. \ of NE. \ of SW. ',; NW. \ of SW. {;
Fielding Halfmoon, Delaware card No. 100; register No. 541 70.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 219
Section 5: Acres.
N.J of SE.£; S. h of NE.}; lot 1; E. 20.01 acres of lot 2; Fielding
Halfmoon, Delaware card No. 100; register No. 541 219. 98
Section 7:
S. h of SE. i; Fielding Halfmoon, Delaware card No. 100; register
No. 541 80. 00
Section 9:
NE. i of NE. 1; N. * of SE. \ of NE. | ; SE. | of SE. \ of NE. \; E. h of
XW. 1 of NE. \; NW. \ of N\V. \ of NE. \; NE. \ of NE. | of XW. ! ;
Lizzie Peacock, Delaware card No. 211 ; register No. 39 110. 00
S. £ of NE. J of SE. ',: SE. ', of SE. ', ; John Sarcoxie, Delaware card
No. 207; register No. 653 60.00
W. h of E. i of XW. } ; W. I of XW. ! ; Mary Bascomb, Delaware card
No. 135; register No. 677 120. 00
Section 10:
XW. } of NE. J; N. - 1 , of SW. | of NE. | ; John Sarcoxie, Delaware card
No. 207; register N< ». 653 60. 00
S. hot S. iof NE. i; SE. J; John Brown, Delaware card No. 162; register
No. 523 200. 00
W. \ of SW. i of XW. 1; XW. \ of XW. ',; Lizzie Peacock. Delaware
card No. 21 1 ; register No. 39 60. 00
Section 11:
E. \ of SE. i; E. \ of W. k of SE. i; Amanda Bixler, Delaware card No.
167; register No. 525 120.00
SW. J; S. \ of XW. 1; S. * of XW. \ of XW. 1; Silas Miller, Delaware
card No. 164; register No. 381 260. 00
XE. \ of XW. \; N. i of XW. \ of XW. }-; Amanda Bixler, Delaware
card Xo. 167; register No. 525 60.00
Section 12:
XE. } of NE. i of SW. }; S. h of NE. | of SW. |; S. \ of SW. ] ; XW. j
of SW. \; Amanda Bixler, Delaware card No. 167; register Xo. 525. 150.00
Section 13:
N. i of S. h of NW. \; N. * of NW. |; Amanda Bixler, Delaware card
No. 167; register No. 525 120. 00
Section 14:
X. \ of XE. ! ; X. \ of S. \ of XE. j ; XE. \ of SE. \ of XW. \\ SE. \ of
NE. ', of XW. \; Amanda Bixler, Delaware card No. 167; register
Xo. 525 . . 140. 00
SE. \ of SE. \ of NW. \ ■ W. \ of E. h of NW. }; W. i of NW. \; Silas
Miller, Delaware card No. 164; register No. 381 130. 00
Section 15:
X. h of X. i of XE. ] ; SW. }; John Brown, Delaware card Xo. 162; reg-
ister Xo. 523 00. 00
S. * of XE. \oiSE. ] ; S. hoi SE. \; John Sarcoxie, Delaware card Xo. 207:
register No. 653 100. 00
Section Hi:
SW. ■ of NE. \ of XE. j : X W. \ of SE. } of XE. J; N. \ of SW. \ of XE. \\
XW. > of XE. i; SE. i of NW. |; S. \ of XE. j of XW. j; NE. \ of
XE. \ of XW. \\ Fielding Halfmoon, Delaware card No. 100; regis-
ter Xo. 541 150. 00
Section 25:
XW. ', of XE. 1 ; Amanda Wilson, Delaware card No. 268; register No.
732 40. 00
E. * of NE. 1 of XW. ! ; XW. | of XE. 1 of X W. \ ; John Marshall, Del-
aware card Xo. 370; register No. 401 30. 00
Section 31 : SE. } of XW. \; E. J of SW. i; lots 2, 3, and 4; Patiacow, Del-
aware card Xo. 80; register Xo. 40 240. 07
Total 2, 480. 32
TOWNSHIP -Jii NORTH. RANGE 13 EAST. INDIAN MERIDIAN.
Section 7:
W. \ of XE. 1 of XE. \ ; XW. \ of SE. \ of NE. \\ W. I of XE. \\ SW.
\ of XE. 5 of SE. ] ; XW. \ of SE. \\ NE. \ of SW. \\ E. J of XW. | ;
lot 1, less 1.38 acres occupied by town site of Bartlesville; lot 2,
less 11.06 acres occupied by town site of Bartlesville; lot 3; Arthur
Armstrong, Delaware card No. 76; register No. 10 390. 75
SE, \ of NE. \ of SE. |; XE. | of SE. \ of SE. \; Albert AVhiteturkev,
Delaware card No. 89; register No. 978 20. 00
220 ALLOTMENT <>F LANDS TO DELAWARE INDIANS.
Section 8: Acres
s. .', of SW. ',; s. .'. of -V ■' of SW. 1: Alberl Whiteturkey, Delaware
card No. 89; register No. 978 120.00
Section 15:
SW. J ; S. Jot's. J of XW. ; ; Jefferson D. Sarcoxie, Delaware card
No. 351; register No. 296 200.00
Section 16:
si-;. \; SE. I of SW. \: SE. i of NE. | of s\V. ', ; Jefferson D. Sarcoxie,
Delaware card No. 351; register No. 296 210. 00
Section 17:
E. I of SW. }; E. \ of NW. \ of SW. i; NW. | of XW. j of SW. j ;
NW. \ ; Samuel Whiteturkey, Delaware ca id No. 192; register no. 80. 270. 00
sw. ; of SW. 1: SW. ! of NW. | of SW. }; Annie Paradee, Delaware
raid No. 188; register No. 921 50. 00
Section 18:
E. \ of SE. }; Annie Paradee, Delaware card No. 188; register No. 921 . 80. 00
S. \ of NE. } of NE. |; SE. \ of NW. \ of NE. \; S. ) of NE. i; W. \
of SE. }; E. \ of SE. j of SW. }; NW. 1 of SE. \ of SW. }; SE. \ of
NE. | of SW. }; Robert Whiteturkey, Delaware card No. 118; ren-
ter No. 79, " 2:30. 00
Section 19:
E. § of NE. } of NE. }; Annie Paradee, Delaware card No. 188; register
No. 921 20". 00
NW. } of NE. 1 of NE. | ; N. \ of NW. } of NE. }; NE. } of NE. \ of
N W. }; Robert Whiteturkey. Delaware card No. 118; register No. 79. 40. 00
SE. } of SW. } of NE. }; S. \ of NE. } of SE. \ ; N. \ of SE. } of SE. };
SE. \ of SE. } of SE. }; .Tames Dav, Delaware card No. 209; register
No. 623 * 60. 00
Section 20:
S W. \ ; James 1 >ay, 1 >elaware card No. 209; register No. 623 160. 00
Section 21 :
NE. i ; N. \ of NE. \ of SW. \- E. J of NW. }; Jefferson D. Sarcoxie,
Delaware card No. 351 ; register No. 296 260. 00
Section 22:
W. \ of NE. }; SE. } of NW. }; E. \ of NE. }.of NW. \ -; Harry Arnold,
Delaware card No. 138; register No. 151 140. 00
W. \ of NE. J of NW. 1; W. \ of NW.}; Jefferson D. Sarcoxie. Dela-
ware card No. 351 : register No. 296 100. 00
Section 26:
W. \\ Jonas Swannock, Delaware card No. 157; register No. 360 320.00
Section 29 :
W. ] of SW. \ ; E. i of NW. i ; E. \ of SW. | of NW. j ; SW. \ of SW. \
of NW.}; SE. }"of NW. ] of NW. J; James Wilson, Delaware card
No. 144; register No. 599 200. 00
Section 30:
SE. ] of SE. \ of NE. 4 ; E. \ of NE. \ of SE. 4 ; SW. \ of NE. } of SE. | ;
SE. \ of SE. \; E. A of SW. \ of SE. i; SE. } of NW. \ of SE. }; James
Wilson, Delaware card No. 144; register No. 599 110. 00
W. 21.15 acres of lot 1; Patiacow, Delaware card No. 80; register No.
40 21.15
Section 31:
NE. \ of NE. 4 of NE. \ ; James Wilson, Delaware card No 144: reg-
ister No. 599 10. 00
Section 32:
NE. \ of SE. }; NE. } of SE. } of SE. \; W. \ of SE. \ of SE. |: SW. \
of SE. J; S. J of NW. | of SE. \; NE. | of NW. I of SE. \; Julia
Bronson, Delaware card No. 79; register No. 100 140. 00
SE. | of SE. \ ofSE. \: Fielding Halfmoon, Delaware card No. 100;
register No. 541 10. 00
Section 33:
[■].}, of NE.}; N.3 of SW.i of NE.}; S. \ of XW. i of NE.}; NE. 1
of XW. \ of NE. 1 ; NE. 3 of NE. | of SE. | : John Hallock, Delaware
card No. 107; register No. 29 140.00
NW. \ of NE. ! of SE. 1 : S. \ of NE.} of SE. \ ; SE. \ of SE. ', ; W. I
of SE. J; S. }, of SW. | of NE.}; K. .] of SE. | of SW. ',: SE. | of SE. j
of NW.}; Mary D. Sarcoxie, Delaware card No. 126; register
No. 556 200. 00
W. \ of SE. S of SW. \; SW. 1 of SW. S: X. \ of SW. i : Fielding Half-
mo* m. Delaware card No. 100; register No. 541 140. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 221
Section 34: Acres.
NE. | of NE. 1 of NE. 1 ; W. i of E. h of NE. |; W. \ of NE. i; NE. 1
of NE. \ of SW. 1 ; W. \ of NE. j of SW. j; E. * of" NW. £ of S\V. | ;
XW. ! of NW.i of S\V.|; NW.}; John Hallock, Delaware card
No. 107; register No. 29 350. 00
SE. \; S. \ of SW. | ; SE. \ of NE. 1 of SW. ! ; SW. j of NW. | of SW. ', ;
E. £ of SE. \ of NE. 1 ; SE. £ of NE. \ of NE. | ; Mary I). Sarcoxie,
Delaware card No. 126; register No. 556 250.00
Section 35:
E. •! of NW.J; Jonas Swannock, Delaware card No. 157; register
No. 360 80. 00
Section 36:
N. i of SE. \\ NW. ! of SE. \ of SE. \; N. J of SW. \ of SE. J; John
Brown, Delaware card No. 62; register No. 523 110. 00
' Total 4,471. 90
TOWNSHIP 27 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 1:
S. \ of NE. \; N. \ of SE. J ; N. \ of SE. } of SE. £; SE. J of SE. \ of
SE. \ ; NW. | of SE. 1 of SW. '.; SW. j of SW. \; N. \ of SW. 1 ; SE.
j of NW. i; S. h of SW. £ of NW. ] ; William McEwin, Delaware card
No. 96; register No. 398 380. 00
N. h of SW. ' of NW. I; lots 3 and 4; James Shaw, Delaware card No.
345; register No. 580 101. 20
Section 2:
SW. ! of SE. ! of NE. }; N. i of SE. } of NE. J; SW. \ of NE. J; SW. !
of NW. \: NW. ! of NW. | of SE. \; lots 1,2, 3, and 4; James Shaw,
Delaware card No. 345 ; register No. 580 283. 32
NE. } of SE. i; S. \ of SE. J; S. ] of NW. \ of SE. J; NE. \ of NW. \ of
SE. \\ SE. \ of SE. \ of NE. \\ William McEwin, Delaware card No.
96; register No. 398 160. 00
Section 3:
NE. \ of NE. \ of SE. 1; James Shaw, Delaware card No. 345; register
No. .580 10. 00
SE. j of NE. \ of SE. j : W. \ of NE. \ of SE. \\ NW. \ of SE. \; S. A of
NE. [; E. \ of SE. | of NW. \\ lots 1 and 2; E. 20.50 acres of lot 3;
NE. | of NE. \ of SW. 1; Sophia Gordon, Delaware card No. 116;
register No. 446 282. 33
SE. \ of NE. \ of SW. \\ W. \ of NE. \ of SW. }; S. i of SW. \\ NW. ',
of SW. i ; W. -V of SE. \ of NW. | ; SW. j of NW. ', ; W. 20.50 acres of
lot 3; lot 4; William Brown, Delaware card No. 194; register No.
2S1 271. 55
Section 4:
SW. \ of SW. \ of SE. \; Thomas Buffalo, Delaware card No. 117;
register No. 711-(?) 10.00
Section 6:
S. \ of SE. \ of NE. \; NE. \ of SE. \; N. \ of SE. \ of SE. J; Jonas
Swannock, Delaware card No. 157; register No. 306 (360) 80.00
NW. i of SE. ! of NW. ', ; W. 20.18 acres of lot 3; lots 4 and 5; Mary
Washington, Delaware card No. 198; register No. 61 111. 16
Section 7:
SE. ' r of NE. i of SE. £; E. i of SE. ] of SE. J; NW. ', of SE. } of SE.
', ; Samuel Williams, Delaware card No. 77; register No. 689 40. 00
Section 8:
W. \ of W. I of NE. ',; SW. I of NW. \ of SE. ]; W. ) of SW. \- of
SE. 1 : E J, of SW. }; SW. | of SW. ■ ; K. I of N W. \ ; NE. \ of SW. j
of NW. i; E. i of NW. ', of NW. J : Samuel Williams, Delaware card
No. 77; register No. 689 300.00
Section 9:
NW. 1 of NW. \ of NE. J; S A of NW. } of NE. }; SW. \ of NE. \ of
NE. J; W. * of SE. £ of NE". i; SW. J of NE. }; W. J of NE. \ of
SE. ]; NW. I of SE. i; Thomas Buffalo, Delaware card No. 117;
register No. 711 (?) 160.00
Section 10:
N. \ of NW. \ of NW. \; William Brown, Delaware card No. 194; reg-
ister No. 281 20.00
222 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 11: A.crea
SE. ! of SW. | of NE. ', ; SE. ', of NE. | of SW. |; SE. | of SW. | of
s\V. S; Hannah Webber, Delaware card No. 292; register No. 465. 30.00
NW. 1 of NE. 1 of NE. ',; S. .', of NE. 1 of NE. ', : SE. 1 of NE. ', ; X. .',
of SW. j of NE. | : S. J of NW. | of NE. | ; NE. | of NW. \ of NE. ', ";
Mary Wilson, Delaware card No. 78; register No. <'22 120.00
Section 12:
SW. | of NW. | of NE. ',: W. .', of SW. | of NE. | ; NW. | of SW. \;
NW. t; Mary Wilson. Delaware card No. 78; register No. 722 230.00
W. * of NE. £ of SW. 1; Hannah Webber, Delaware card No. 292;
register No. 465 20. 00
Section 13:
NW. I of SE. \ ; NE. 1 of SW. ) ; W. \ of NW. | ; Hannah Webber, Dela-
ware card No. 292; register No. 465 160. 00
Section 15:
S. \ of SE. \\ SE. | of SW. j ; E. \ of SW. j of SW. j ; S. \ of NE. { of
SW. \ ; Robert Whiteturkey, Delaware card No. 118; register No. 79. 100. 00
NW. \ of SW. ! of SW. »,; NW. S of SW. .',; NW. 1 of NE. \ of SW. \\
Jonas Swannock, Delaware card No. 157; register No. 360 60.00
Section 16:
SE. \ of SE. \ of NE. 1 : E. ) of E. \ of SE. J ; SW. \ of SE. \ of SE. j ■
Jonas Swannock, Delaware card No. 157; register No. 360 60. 00
Section 17:
W. I of NE. i; E. I of NW. \ ; NE. \ of SW. \ of NW. \;EA of NW. \
of NW.}; NW." 1 , of NW. ' of NW.',; Samuel Williams, Delaware
card No. 77; register No. 689 200. 00
NW. I of SW. I; Dutch Whiteturkey, Delaware card No. 168; register
No. 77 40. 00
Section 18:
E. -h of SE. }; SW. \ of SE. \ ; S. \ of NW. j of SE. |; NW. \ of NW. 1
of SE. J; E. \ of NE. ! of SW. \; SW. \ of NE. \ of SW. }; SE. } of
SW.}; S. 20.97 acres of lot 4; Dutch Whiteturkey, Delaware card
No. 168; register No. 77 240. 97
Section 21 :
S. I of SE.} of SE. .|; SW. .1 of SE. I; SE. \ of SW.}; William H.
Shailer, Delaware card No. 173; register No. 338 100.00
Section 22:
N.. 1 , ofN.iof NE. |; Robert Whiteturkey, Delaware card No. 118;
register No. 79 40. 00
Section 23:
NW. i of NE. } of NW. ); Hannah Webber, Delaware card No. 292;
register No. 465 100. 00
NE. 1 ,: W. £of NE.}ofSE.}; NW. }of SW. }of SE. }; NW.}ofSE.};
SE. } of NE. I of SW. }; N. i of NE. } of SW. }; SE. \ of NW. \ ;
S. * of NE. } of NW. i; NE. \ of NE. \ of NW. \; Eliza Peterson,
Delaware card No. 83 ; register No. 705 330. 00
Section 24:
W. \ of NE. \ of NW. i; N. h of SW. \ of NW. \; NW. \ of NW. \ ;
Eliza Peterson, Delaware card No. 83, register No. 705 80. 00
NE. \ of NE. \ of NW. \\ Hannah Webber, Delaware card No. 292;
register No. 455 , 10. 00
Section 25:
S. J of N. \ of NE. ! ; N. ■', of SE. ) of NE. \ ; SE. | of SE. \ of NE. \;
S"W. | of NE. \ ; NW. \ of NE. ] of SE. 1; S. \ of NW. ', : S. I of N. \ of
NW.}; NW. j of NW. | of NW. \; John Kinney, Delaware card No.
84; register No. 696 " 250. 00
Section 26:
NE. }; John Kinney, Delaware card No. 84; register No. 696 160.00
Section 27:
SW. \ of NE. \ of NE. ',; SE. \ of SE. ] of NE. .', : W. h of SE. } of
XK. \: SW. | of NE. 1; SE. 1; E. ^of SW. 1: S. A of SW. ] of SW. 1:
NE. ! of SW. j of SW. >; NW. \ of SW. ',: NW. 1; William H.
Shailer, Delaware card No. 173; register No. 338 550.00
Section 28:
NE. \\ N. \ of N. \ of SE. ',: SE. 1 of NE. \ of SE. ]: E. g of NW. 1:
William H. Shailer Delaware card No. 17:;: register No. 338 290.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 223
Section 34: Acres.
N. I of NE. \; N. \ of SE. £ of NE. \ ; BW. | of BE. \ of NE. J; SW. 1
of NE. 1; N. 1 of SE. 1 of SW. \; E. \ of NW. } of SW. 1; E. *
of NW. \; E. A of SW. \ of NW. i ; NW. ', of SW. \ of NW. | ; NW.
J of NW. \; William H. Shailer, Delaware card No. 173; register
No. 338 340. 00
T« ital area in township 5, 690. 53
TOWNSHIP 28 NORTH, RANGE 13 EAST, INDIAN MERIDIAN.
Section 2:
E. h of NE. \ of SW. S ; SW. | of NE. \ of SW. } ; S. \ of SW. \\ S. J of
NW. \ of SW. 1 ; NW. \ of NW. \ of SW. }; lot 2; N. 19.64 acres of
lot 3; Colonel Jackson, Delaware card No. 106; register No. 260 ... 199. 36
Section 3:
E. g of E. £ of SE. \; N. 19.56 acres of lot 1; Colonel Jackson, Delaware
card No. 106; register No. 260 59. 56
Section 4:
E. \ of SW. \; Colonel Jackson, Delaware card No. 106; register No. 260. 80. 00
Section 5:
SW. 1 of SW. 1 ofSE. i; SE. i of SE. \ of SW.}; NW. \ of SW. } of
SW. 1; SW. i of NW. \ of SW. ]; John Parks, Delaware card No.
195; register No. 715 40. 00
Section 6:
SE. }; John Parks, Delaware card No. 195; register No. 715 160. 00
Section 7:
W. I of NE. I of NE. J ; N. \ of NW. \ of NE. \> NE. \ of NE. \ of NW. | ;
John Parks, Delaware card No. 195; register No. 715 50. 00
S. \ of NW. | of NE. \ ; W. \ of SE. \ of NE. \\ SW. j of NE. J; NW. \
of NE.} of SE. ', ; NW. 1 of SW. j of SE. \\ SW. | of NW.} of SE
N. \ of NW. j of SE. | : E. .1 of SW. \ ; SE. j of NW. j : S. \ of NE. J
of NW.J; S. 22.36 acres of lot 1; lots 2, 3, and 4; Mary Lee, Dela-
ware card No. 1 32 ; register No. 233 425. 12
SE. \ of SE. | of SE. }; Charles Elkhair, Delaware card No. 169; regis-
ter No. 634 10. 00
Section 8:
E. \ of NE. 1; E. \ of W.i of NE. }; E. \ of SE. 1; SW. \ of SE. i; E. \
of NW. \ of SE. J : Alexander Black, Delaware card No. 108; regis-
ter No. 231 260. 00
W.J of NW. | of NE.}; NW. ] of SW. | of NE.}; NE. } of SE.} of
NW. }; E. J of NE. } of NW. J; John Parks, Delaware card No. 195;
register No. 715 60. 00
SW. \ of SW. } of NE. }; W. J of NW. } of Si-;. j ; E. i of SW. \; N. .!
of SW. \ of SW. J : E. A of NW. 1 of SW.|; S. \ of SE. £ of NW. };
XW.i of SE. \ of NW.}; Job B. Parker, Delaware card No. 204;
register X. ». 60 180. 00
S. \ of SW. j of SW. }; Charles Elkhair, Delaware card No. 169; regis-
ter No. 634 1 . . 20. 00
Section 9:
S. \ of NE. ! of NE. J ; SE. \ of NE. \\ E. ) of SW. \ of NE. ', ; NW. |
of NE. | ; N. \ of NE. ] of SE. ' : Colonel Jackson, Delaware card No.
106: register No. 260 140. 00
SW. j of NE. 1 of SE. 1 ; W. ] of SE. \ of SE. \ ; W. \ of SE. J; E. \ of
SW. 1 : SE. i of SW. \ of SW. ]; John Parks, Delaware card No. 195;
register No. 715 200.00
SW. \ of SW. j of SW. 1 ; X. \ of SW. \ of SW. 1 ; NW. \ of SW. S : SW. |
of NW. \ : S. \ of NW. j of NW. \ ; Alexander Black, Delaware card
No. 108; register No. 231 130.00
Section 10:
E. \ of NE. \ of NE. 1 ; NE. J of SE. \ of NE. J; Colonel Jackson, Dela-
ware card No. 106; register No. 260 30. 00
S. I of NW. ] of SE. > ; SW. \ of SE. }; E. § of SW. \ : E. A of W. ) of
SW. j ; Join; Parks, Delaware card No. 195; register No. 715 180.00
Section 11:
N. \ of NE. \ of NW. \ ; W. ] of SW. } of NW. ] ; NW. j of NW. ', ; Colo-
nel Jackson, Delaware card No. 106; register No. 260 80. 00
SW. \ of NW.J of SE.}; SW. j of SE. \\ SW. \ : Elizabeth Beaver,
Delaware card N< >. 24/ : register No. 821 210. 00
224 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 13: A "'-
S. I of SE. | oi SE. |: JohnParks, Delaware card No. L95; register No.
715 20. 00
Section 14:
NW.Jof XE. ',: NE. | of XW. ',; Elizabeth Beaver, Delaware card
No. 247; register No. 821 80.00
S. A of s\V. ', : James W. Gibson, Delaware card No. 143; register
N« ». 868 SO. 00
Section 15:
SE. | ..I SE. ]; E. \ of SW. j of SE. 1: SW. 1 of SW. | ofSE. \: SE- ] of
SE. ', of SW. 1; James \V. Gibson, Delaware card No. 143; register
No. 868 80. 00
XW. ) of SE. | : XW. | of SW. j of SE. \ ; XE. \ of SE. \ of SW. j : W. \
of SE. j of SW. 1: XE. | of SW. \; W. \ of SW. ', : William Wilson,
Delaware card No. 184; register Xo. 136 200. 00
Section 16:
E. \ of E. \ of SE. \ ; William Wilson, Delaware card No. 184; register
No. 136 40. 00
W. A of E. \ of SE. ! ; W. I of SE. \\ SW. \\ Charles Elkhair, Delaware
card No. "169; register No. 634 280. 00
Section 17:
E. h of XE. J : X W. \ of NE. \\ E. \ of SW. \ of XE. ] ; SE. }; E. \ of
SE. \ of SW. 1 ; X. ) of XW. 1 -; Charles Elkhair, Delaware card No.
169; register No. 634 400. 00
SW. 1 of SW. | of SW. 1 ; Eliza Elkhair, Delaware card Xo. 128; regis-
ter No. 268 10. 00
Section 18:
S. \ of S. i of SE. \\ NW. \ of SW. \ of SE. \; Eliza Elkhair, Delaware
card No. L28; register No.268 50.00
NE. \ of NE. \ of NE. J; S. A of XE. i of XE. \ ; Charles Elkhair, Del-
aware card Xo. li>9; register No. 634 30. 00
W. | of NE. i of NW. ] ; lot 1; Mary Lee, Delaware card No. 132; reg-
ister No. 233 63. 83
SW. 11.84 acres of lot 2; X. 21.71 acres of lot 4; William Wilson, Del-
aware card No. 184; register No. 136 33. 55
SW. 11.68 acres of lot 4; Thomas Buffalo, Delaware card No. 117; reg-
ister No. 711 (?) 11. 68
Section 19:
E. \; E. 20 acres of lot 3; Eliza Elkhair, Delaware card No. 128; regis-
ter Xo. 268 340. 00
Section 20:
XE. 1 of XW. j of NE. 1 ; X. i of NE. \ of XE. \; E. h of SE. i of NE. };
E. A of NE. 1 of SE. | : Charles Elkhair, Delaware card No. 169; reg-
ister Xo. 834 70. 00
SW. S of XE. } of SE. |; S. A of SE. }; S. .', of XW. \ of SE. \; SE. \ of
SW. \; E. \ of SW. ! of SW. \ ; SE. \ of NW. | of SW. | ; S. \ of NE. \
of SW.l; George Washington, Delaware card Xo. 198; register No.
193 - 200.00
W. h of W. h of SW. • : X. ', of SE. ] of XW. }; E. J of NE. ] of NW. \ ;
SW. S of NE. ', of NW. ',; W. i of NW.}; Eliza Elkhair, Delaware
card No. 128; register No. 268 170.00
Section 21 : .
XE. } of NE.} of XW. }: W. ] of NE. \ of NW. \ ■ W. .', of SE.J of
XW. S : S. \ of SE. } of SE. \ of NW. -}-; W. I of NW. \; N. h of SW. } ;
N. \ of S. \ of SW. }; Charles Elkhair, Delaware card No. 169; reg-
ister No. 634 255.00
Section 'I'l:
XE. }; E. \ of NW. \; N. ■'. of SW. > of XW. \\ XW. | of NW. }; James
W. Gibson, Delaware card No. 143: register No. 868 300.00
Section 23:
X. '. of SW. | of NE. 1; NW. \\ James W. Gibson, Delaware card No.
143; register N< >. 868 180. 1 K)
Section 24:
NE. \ of XE. I; E. \ of SE. \ of XE. | : E. ] of NE. 1 of SE. j : XE. \ of
SE. \ of SE. I; John Parks, Delaware card No. 195; register No. 715. 90. 00
Section 25:
S. * of S. h of SW. V; Mary C. Bezion, Delaware card No. 308; register
" No. 601 1 40.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 225
"', of NE. J; E. A of SW. \ ; E. | of W. * of SW. J; S. \ of SW. J of
W. J; NE. J of SW. } of NW. J; Eliza Elkhair, Delaware card No.
Section 28: Acres -
SW.
NW.,,
128; register N< ». 268 - - - - 230. 00
NW. \ of SW. J of NW.J; George Washington, Delaware card No. 198;
register No. 193 10. 00
W A of W. i of SWi; Job B. Parker, Delaware card No. 204; register
No. 60 ----- 40.00
Section 29: , TTTT ,
E. I of SE. J; SW. | of SI-:. \ ; E. } of NW. J of SE. j : SW. | of NW. J
ofSE.i; S. h of SW. J; SE. J of NE. } of SW. }; W. .1 of NE. | of
SW.}; NW.| ofSW. 1; SW. | of SE.Jof NW.J; SK. J of SW. j of
NW. j: W. \ of W. A of NW.J; Job B. Parker, Delaware card No.
204: register No. 60 36 °- 00
N. 1 of NE. |; N. h of S. \ of NE. J ; NE. } of NW. | ; N. \ of SE.} of
NW.J; NE-J of SW. 1 of NW.J; E. } of NW} of NW. \; George
Washington, Delaware card No. 198; register No. 193 210.00
Section 30:
EA of NE. } of NW 1 ,: 111; Job B. Parker, Delaware card No. 204;
register No. 60 ". '"40. °°
NE. J ;' N. 1 of NE. | of SE. | ; NE. I of NW. } of SE. }; Job B. Parker,
Delaware card No. 204 ; register N. ». 60 190. 00
NW. \ of NW. } of SE. \ ; NE. | of NE. | of SW. ', ; E. } of NW. | : Lots
1 and 2: Mrs. Minnie Britton, Delaware card No. 196; register No.
9ii> 183. 32
W. £ of E.Yof SW. | : lots 3 and 4; Mary Washington, Delaware
card No. 198; register No. 61 12 °- 84
Section 32: .
N. h; Job B. Parker, Delaware card No. 204; register No. 60 oZ0. 00
Section 34:
SE. }; S. J of SW. }; S. \ of NW. } of SW. }; NE. } of SW . | : SE. } of
NW. J; SE.J of NE. } of NW. }; Sophia Gordon, Delaware card
No. 116; register No. 446 35 °- 00
Section 35:
SW. | of SW.}; Sophia Gordon, Delaware card No. 116; register
No. 446 - - - 40 - °°
E. J of NE. }; NE. } of SE. \ ; Mary C. Bezion, Delaware card No. 308;
register No. 601 - 12 °- 00
Section 36: _ , , „ nnci
N \ of SW.J; NW.J; Mary C. Bezion, Delaware card No. 308;
register No. 601 ------ - - - - - - 24 °- 00
N.JofN.I of SE. ',: SW.} of NW. } of SE. }; W. i of SW . } of SE. };
James Shaw, Delaware card No. 345; register No. 580 70. 00
Total S> 362 - 26
TOWNSHIP 29 N«»KTH, RANGE 13 EAST. INDIAN MERIDIAN.
Section 33: _ , . „ „ e
SW.J of SW.J of SW.J; George Bullette, Delaware card No. 325,
register No. 472 - - 10. 00
W. A of NE. } ; W. A of NE. } of SE. }; SE. } of SE. }; W. £ of SE. };
SE. } of NW. }; Colonel Jackson, Delaware card No. 106; register
No. 260 26 °- 00
Section 34: ^ .
S ) of S. .', of SW r . }; Colonel Jackson, Delaware card No. 106; register
N( ». 260 . - 40 - 00
Section 36: n ^ T „__,
W T 1 of SE. }; Elizabeth Beaver, Delaware card No. 240; register
No. 821...! 80 - 00
Total 390 -°0
S. Doc. lMi 15
226 ALLOTMENT OF LANDS T< > DELAWARE INDIANS.
TOWNSHIP 22 NORTH. RANGE II EAST, INDIAN MERIDIAN.
Section 20: Acres.
E. \ of XI-:. 1 ; John Bullette, Delaware can 1 No.319; register No. 902. 80.00
Section 21:
W. fcofNW. ',; John Bullette, Delaware rani No. 319; register Xo. 902. 80.00
Total 160. 00
TOWNSHIP 23 NORTH, RANGE 11 EAST, INDIAN MERIDIAN.
Section 13:
XE. \ of XE. j of SE. \ ■ 8. i of XE. I of SE. \ ; SE. ', of SE. | ; Richard
0. Adams, Delaware card Xo. 104; register Xo. 973 70.00
Section 24:
E. i of XE. 1; Richard C. Adams. Delaware card Xo. 104; register Xo.
973 80. 00
Total 150. 00
TOWNSHIP 24 NORTH, RANGE 14 EAST, INDIAN MERIDIAN.
Section 11:
E. i of SE. |; E. I of W. h of SE. 1; SW. j of SW. \ of SE. \; Horace M.
Adams, Delaware card Xo. 105; register Xo. 974 130. 00
Section 12:
W. I of E. i of XE. J; W. \ of XE. \; NW. } of XE. | of SE. |-; XE. \
of NW. i of SE. j ; W. \ of NW. £ of SE. J; SW. fc Horace M. Adams,
Delaware card No. 105; register Xo. 974 320. 00
E. i of E. \ of XE. i; E. J of XE. \ of SE. i; George F. Smith, Dela-
ware card No. 294; register Xo. 879 60. 00
Total 510. 00
TOWNSHIP 25 NORTH, RANGE 11 EAST. INDIAN MERIDIAN.
Section 7:
SE. \; E. i of E. i of SW. 1; Daniel Anderson, Delaware card Xo.
171 ; register Xo. 470 200. 00
Section 8:
NW. I of SE. ]; X. J of SW. | of SE \; SW. ] of SW. £ of SE. \;
SW. \; Daniel Anderson, Delaware card No. 171; register Xo. 470.. 230.00
Section 29:
S. i of XE. ', ; X. \ of SE. \ ; XE. \ of SW. J; E. \ of NW. I of SW. 1;
NW. ]; Simon Secondine, Delaware card No. 310; register No. 896. 380.00
Section 30:
XE. \ of XE. \ of XE. {; S. \ of XE. \ of XE. J; SE. | of XE. \;
X. 4 of XE. \ of SE. ]; Simon Secondine, Delaware card Xo. 310; reg-
ister Xo. 896 90. 00
Total 900. 00
TOWNSHIP 26 NORTH, RANGE 14 EAST, INDIAN MERIDIAN.
Section 10:
SE. {; SE. \ of SW. 1; E. * of SW. \ of SW. j ; SW. J of SW. \ of
SW. \; John R. Willey, Delaware card Xo. 305; register No. 642... 230.00
Section 15:
X. \; John R. Willey, Delaware card No. 305; register No. 642 320.00
Section 16:
XE. ', of XE. | of SW. S; W. \ of E. \ of SW. ',; W. \ of SW. \: S. h
of SW. 1 of XW. ',; NW. 1 of SW. \ of NW. J ; Albert Curleyhead,
Delaware card No. LQ1; register No. 703 160. 00
Section 17:
Albert Curleyhead, Delaware eard No. 101; register No. 703 640.00
Section 18:
E. \ of E. \ of E. \\ W. }, of XE. \ of SE. ]: XW. | of SE. | of SE. \:
NE. 1 of SW. ', of SE. | : Albert Curleyhead, Delaware card No.
101 ; register No. 703 " 120. 00
SW. j of SE. j of SE. 1; SE. j of SW. \ of SE. \ ; William J. Easey,
Delaware card No. L33; register No. 463 20. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 227
Section 19: Acres.
s. I of NE. J; SE. i; E. h of E. £ of SW. }; E. h of SE. 1 of NW. | ;
William J. Easey, Delaware card No. 133; register No. 463 300.00
Section 20:
W. I of SW. } of NW. \; W. A of SW. | ; William J. Easey, Delaware
card No. 133; register No. 463 100. 00
NE. \; E. J of NW. }; E. § of SW. > of NW. J ; NW. I of NW. ', :
Albert Curleyhead, Delaware card No. 101 ; register No. 703 300. 00
Section 21:
NW. I of NE. i- of NW. } : N. i of NW. \ of NW. \; SW. \ of NW. |
of NW. i; NW. \ of SW. | of NW. \; Albert Curlevhead, Delaware
card No. 101; register No. 703 50. 00
SE. \ of NE. \ of SW. \; John W. Stout, Delaware card No. 263;
register No. 545 10. 00
SW.' | of NE. \ of SW. I; S. I of SW. j ; S. h of NW. | of SW. \; John
R. Willey, Delaware card No. 305; register No. 642 110. 00
Section 28:
NE. S of NE. i of NW. ',: W. h of E. J of NW. i; W. A of NW. \ ;
John R. Willey, Delaware card No. 305; register No. 642 130.00
NE. |; X. i of NE. \ ofSE. }; E. \ of SE. 5 ofNW. \; SE. ] of NE. \
of NW. 1; Stephen A. Miller, Delaware card No. 272; register No.
898 210.00
Section 31 :
NW. ] of NE. \ of SW. ]; Edson Washington, Delaware card No. ■">:',;
register No. 672 10. 00
N. .. of XW. | of SE. i; John W. Stout, Delaware card No. 263; regis-
ter No. 545 20. 00
Total 2, 730. 00
TOWNSHIP 27 NORTH, RANGE 14 EAST, INDIAN MERIDIAN.
Section 5:
NW. 1 of SE. | of NW. V; SW. 1 of NW. ]; NE. i of NW. \ of SW. ',;
W. .1 of NW. j of SW. ',; SW. 10 acres of lot 4; William McEwin,
1 >elaware card No. 96: register No. 398 90. 00
Section 6:
Lotsl and 2; S. .1 of NE. \; lots 3 and 4; lot 5: SE. I of XW. \; E. },
,,f SW. \; Lots 6 and 7; N. \ of SE. \; N. \ of SW. 1 of SE. \: SW. j
of SW. \ of SE. ',: William McEwin, Delaware card No. 96; register
No. 398 561. 38
Section 7:
NW. 1 of XW. 1 of NE. I; N. i of NE. \ of NW. \; SE. \ of NE. ', ;
E. i of SW. j of XL. ', ; William McEwin, Delaware card No. 96;
regfster No. 398 90. 00
Section 8:
S. I of SE. 1 of NE. >: NW. \ of SE. $ of NE. \; SW. i of NE. }: N. .1
of SE. ', of NW. j ; SW. 1 of SE. j of X W. 1 : SW. \ of X W. \ ; SE. j ;
William McEwin, Delaware card No. 96; register No. 398 300.00
Sf:. j of SE. i of XW. ',: SW. ', ; Mary Wilson, I >elaware card No. 78;
register No. 722 170. 00
Section 9:
XW. 1 of SW. I; N. ioi SW. \ of SW. \; SE. j of SW. \ of SW. \;
John Yellowjacket, Delaware card Xo. 139; register No. 43/ 70.00
SW. \ of SW. \ of SW. >,; William McEwin, Delaware card No. '.Hi;
register No. 398 10. 00
Section 16:
W. I of NW. \ of XW. \; shown to belong to William McEwin, Dela-
ware card Nc i. 96; register Xo. 398 20. 00
NE. \ of XW. \ of NW. ',; John Yellowjacket, Delaware card No. 149;
register No. 437 10. 00
Section 17:
N. I of NW. I; Mary Wilson, Delaware card No. 78; register No. 792.. 80.00
Section 19:
NE. i of NE. i of SW. i ; S. \ of NE. \ of N W \ ; SE. 10 acres of lot 3;
SE. S of SW. ',; Samuel Whiteturkey, Delaware card No. 192; reg-
ister No. 80 80. 00
228 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 30: Acres -
V \ of NE. i: M'.. | of XW. ', ; NE. | of SI-:, j of NW. i; X. ', of
SW. | of NE. ',: SE. 1 of SW. | of NE. ', : SE. | of NE. ', ; Samuel
Whiteturkey, Delaware card No. L92; register No. 80 200.00
T< »tal 1 , 681. 38
TOWNSHIP 28 NORTH, RANGE 11 EAST, INDIAN MERIDIAN.
Section 4:
W. \ of SW. j of SE. ',; Elizabeth Beaver, Delaware card No. 247;
register No. 821 20.00
Section 5:
L.»ts 1, 2, :!. and 4: X. \ of NE. \ of SW. J ; SE. j of NE. | of SW. ', ;
X. I of s\V. i of SE. |: XW. 1 of SE. \; W. \ of NE. \ of SE. \;
George Fall leaf, Delaware card No. 174; register No. 820 271.76
Section 18:
Lot 4; John Parks, Delaware card No. 195; register No. 715 30.04
Section 19:
W. .'. of NE. | of XW. ',; lots 1, 2, and 3; N. 15.4:! acres of lot 4; W. l_
of NE. ! of SW. h SE. j of XW. \\ John Parks, Delaware card
No. 195; register No. 715 186. 7.".
Section 28:
X. .1 of S. h X. \ of SW. > of SW. >; SE. 1 ofSW. S of SW. J; SE. |
of SW. ): SW." 1 of SE. | ; W. \ of SE. \ of SE. ! : X E. \ of SE. \ of
SE. ',; Eliza Elkhair, Delaware card No. 128; register No. 268 300.00
Section 29:
SW. 1; John Young, Delaware card No. 74; register No. 215 160.00
Section 33:
NE. j of XW. 1; NE. | of XW. \ of XW. \; NE. \ of SE. ', of XW. \;
W. I of XL. ', ; XW. j of NE. S of NE. |; Eliza Elkhair, Delaware
card No. 128; register No. 268 150. 00
Section 35:
XW. \ of XW. S of SW. 1; Hannah Webber, Delaware card No. 292;
register No. 455 10. 00
Total 1, 128. 53
TOWNSHIP 29 NORTH, RANGE 11 EAST, INDIAN MERIDIAN.
Section 31:
S. 19.92 acres of lot 2; lots 3 and 4; E. \ of SW. | ; W. X of SE. \; W.
i of NE. ! of SE. ',; S. \ of SE. \ of NE. 1; George Fall leaf, Dela-
ware card No. 174; register No. 820 299.78
Total 299. 78
TOWNSHIP 23 NORTH, RANGE 15 EAST. INDIAN MERIDIAN.
Section 18:
E. \ of SW. \; lots 3 and 4; Richard C. Adams, Delaware card No.
104; register No. 973 162. 09
Section 19:
W. £of E. I of XW. ',; lots 1 and 2; Richard C. Adams, Delaware
card No. 104; register No. 973 122. 31
Total 2S4. 40
TOWNSHIP 25 NORTH, RANGE 15 EAST. INDIAN MERIDIAN.
Section 7:
E. J of E. fcofSE. 1; W. \ of SE. | of SE. | : Sallie < >. Smith. Dela-
ware card Xi ). 260; register No. 203 60. 00
Section 8:
SW. ]; Sallie (). Smith, Delaware cant No. 260; register No. 203 160.00
Section 17:
N. I of XW. !; Sallie ( >. Smith, Delaware card No. 260; register No.
203 80. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 229
Section 18: Acres.
NE. I of XE. 1; E. I of NW. \ of NE. ', ; Sallie 0. Smith, Delaware
card No. 260; register No. 203 60. 00
Total 360. 00
TOWNSHIP 26 NORTH, RANGE 15 EAST, INDIAN MERIDIAN.
Section 1:
Lots 1 and 2; S. \ of XE. \; E. \ of SE. \; E. \ of W. \oi SE. ]; SE.
10 acres of lot 3; Simon Secondine, Delaware rani No. 310; register
No. 896 ' 290. 04
X. 20.05 acres of lot 3; SW. 10 acres of lot 3; X. .1 of SE. \ of NW. j ;
Solomon F. Armstrong, Delaware card No. 270; register No. 602... 50.05
S. 20 acres of lot 4; SW. 1 of NW. ',; S. £ of SE. \ of XW. \; SW. 1:
W. A of W. I of SE. 1; Alary C. Bezion, Delaware card No. 308; reg-
ister N( >. 601 280. 00
N. 20.07 acres of lot 4; George F. Smith, Delaware card No. 294: reg-
ister No. 879 20.07
Section 2:
X. 20.11 acres of lot 1; lot 2; X. I of SW. j of XE. ',; George F. Smith,
Delaware card No. 294 ; register No. 879 SO 28
S. 20 acres of lot 1 ; SE. \ of NE. \; S. \ of S W. | of XE. \ ; SE. ', ; Mary
C. Bezion, Delaware card Xo. 308, register Xo. 601 240. 00
S. I of X. .1 of SW. 1; S. I of SW. |; Amanda Wilson, Delaware card
Xo. 268; register Xo. 732 120. 00
Section 3:
S. I of SF. \; SW. [ of XW. \ of SF. \; SW. \; S. \ of NW. }: SE.
10 acres of lot 3; Amanda Wilson, Delaware card No. 268; register
N >. 732 340. 00
Section 4:
Lots 1 and 2; S. J of XF. j; SE. \\ Amanda Wilson, Delaware card
Xo. 268, register Xo. 732 321. 42
Section 9:
F. \ of XF. \: F. \ of W. I of XF. \; XW. \ of XW. \ of XE. \;
Amanda Wilson, Delaware card Xo. 268; register No. 732 130.00
Section 10:
X. .',; Amanda Wilson, Delaware card Xo. 268; register No. 732 320.00
W. \ of SW. I; W. I of SE. 1 of SW. 1; Julia Brown, Delaware card
N( >. 265; register No. 742 100. 00
SE. ! of SF. I of SF. \: John R. Stout, Delaware card No. 271: reg-
ister N< >. 400 10. 00
Section 11:.
W. i; John R. Stout, Delaware card Xo. 271; register Xo. 460 320.00
F. .', ; Amanda Wilson. Delaware can! No. 268; register No. 732 320.00
Section 12:
SE. ■ of NE. \ of XW. ',: W. i of XF. | of XW. \ ; XW. ! of XW. \;
X. I of SW. I ; X. i of S. I of SW. }; SW. \ of SW. \ of SW. \; S. \
ofNW. 1: Amanda Wilson, Delaware card Xo. 268; register No.' 732.. 280.00
Section 14:
W. \ of XW. J of XE. \; SW. \ of XF, \; XW. \ ; John R. Stout,
1 >ela ware card Xi >. 271 ; register Xo. 460 220. 00
Section 15:
F. \ of XE. 1 of XE. 4 L : John R. Stout, Delaware card Xo. 271; regis-
ter Xi .. 460 20. 00
W. I of XF. \ of XF. \- XW. \ of XF. \; S. \ of XF. }; X. \ of XW. \
of SF, ', ; XW. ', ; Julia Brown, Delaware card Xo. 265; register Xo.
742 320. 00
Section 26:
S. \ of X. \ of SW. |: S. A of SW. \; John R. Stout, Delaware card Xo.
27 1 : register X« >. 460 120. 00
Section 27:
XW. j of XW. ! of SF, 1; S. > of X. \ of SF. \ ; S. * of SE. \; E. * of
W. .',; E. iofXW. \ai XW. 1; SW. ', of XW. ',;" XW. \ of SW. i:
E. I of SW. S of SW. I; XW. i of XL. \ : W. \ of SW. ', of XF, ':
John R. Stout, Delaware card Xo. 271; register Xo. 400 470. 00
Section 34:
XF, i; John R, Stout, Delaware card Xo. 271; register Xo. 460 160.00
230 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 35: A, "'~-
NW. i; John R. St. ml. Delaware card No. 271; register No. t60 L60.00
Total 4. 691. 86
Section 33 :
s. \ of NE. 1 of SE. | ; SE. | of NW. 1 of SE. 1 ; s. .1 of SE. 1: Amanda
Wilson, Delaware card No. 268; register No. 732 110.00
Section 35 :
W. \ of W. \ of NE. I ; E. \ of SW. | of NE. ', ; s. \ .,f SE. 1 of NE. 1 ;
E. ■'. of SE. ', ; George F. Smith, Delaware card No. 294; register No.
879 L60.00
Section 36 :
NW. | Of NW. S of SW. | ; S. I of NW. j of SW. \ ; SW. .■ of SW. \ ;
W. \ of SE. \ of SW. i ; George F. Smith, Delaware card No. 294;
register No. 879 90. 00
S. & of S. \ of NE. \ ; SE. \ ; E. \ of SE. | of SW. J ; John W. Stout,
Delaware card No. 263; register No. 545 220.00
T« »tal 580. 00
290. 00
130.00
233.41
783. 41
TOWNSHIP 28, XoKTH RANGE 15 EAST. INDIAN MERIDIAN.
Section 17 :
S. 5 of SW. \ ; Frank Lucas, Delaware card No. 274; register No. 515. 80. 00
Section 18 :
SE. | of SE. \ ; SE. J of SW. \ of SE. \ ; Frank Lucas, Delaware card
No. 274 ; register No. 515 50. 00
Section 19 :
E. \ of NE. \; E.£ of W. •', of NE. | : SW. \ of NW. j of NE. \ ; NW. \
of SW. 1 of NE. > ; N. .', of SE. j ; N. I of SE. 1 of SE. \ ; SW. \ of
SE. I of SE. J ; SW. ] of SE. | ; Frank Lucas, Delaware card No. 274;
register No. 515
Section 20 :
N. J of NW. \ ; NW. | of SE. \ of NW. ] ; SW. \ of NW. \ ; Frank
Lucas. Delaware card No. 274 ; register No. 515
Section 30 :
E. I of NW. \ ; lots 1 and 2; NE. \ of SW. \ ; lot 3; Frank Lucas,
Delaware card No. 274 ; register No. 515
Total
TOWNSHIP -11 NORTH, RANGE 16 EAST. INDIAN MERIDIAN.
Section 5:
Lot 3; Lucinda E. Lane, Delaware card No. 323; register No. 375 39.96
Section 28:
S. i of SW. i of SE. | ; S. .', of SE. \ of SW. \ ; SW. \ of SW. \ ; John
Bullette, Delaware card No. 319; register No. 902 80.00
Section 29:
SE. 1 of NE. S of SE. •; E. \ of SE. 1 of SE. ', : S. .', of SW. \ of SE. i;
NW. ; of SW. \ of SE. J; John Bullette, Delaware card No. 319;
register No. 902 60. 00
Section 32:
E. \ of NE. j of NE. ',: SW. | of NE. j of NE. 1; NW. \ of NE. \; E. \
of SW. ! of NE. 1 ; SW. j of SW. \ of NE. | : SE. | of NE. \ ; NE. \ of
SE. ',; N. I of NE. j of SE. | of SE. \; John Bullette, Delaware card
No. 319; register No. 902 185. 00
Section 33:
W. |; W. \ of NE. ',; N. .', of NW. | of SE. }; SW. | of NW. \ of SE. | :
W. .', of SW. I of SE. J; John Bullette, Delaware card No. 319; regis-
ter No. 902 450. 00
T< >tal 814. 96
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 231
TOWNSHIP 23 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 6: Acres.
SW. 10 acres of lot 2; W. \ of SW. \ of NE. i; SE. \ of SW. \ of NE. \;
S. 20 acres of lot 3; S. 19.68 acres of lot 4; lots 5, 6, and 7; E. i of
SW. I; SE. \ of NW. i; \V. £ of SE. \; W. £ of SE. } of SE. 1; William
C. Smith, Delaware card No. 261 ; register No. 205 418. 41
Section 7:
E. h of NW. \; lots 1 and 2; William C. Smith, Delaware card No.
261 ; register No. 205 159. 73
Section 8:
Lot 9; E. 10 acres of lot 8; E. * of SW. \ of SE. J; SE. \ of SE. \;
William C. Smith, Delaware card No. 261; register No. 205 106. 35
Section 28:
W. •' of W. |; Lucinda E. Lane, Delaware card No. 323; register No.
37o 160.00
Section 29:
NE. \; SE. I of NW. \; N. \ of XE. \ of SW. ]-; X. h of SE. {; NE. I
of SW. r of SE. \; SE. i of SE. ]; Lucinda E. Lane, Delaware card
Xo. 323; register Xo. 37-~i 350. 00
Section 32:
S. \ of N. J of N. h; S. * of X. A; X. \ of XW. \ of SW. \\ W. h of XE.
\ of SW. i; SE. i of NE. | of SW. j ; SE. \ of SW. | ; W. .1 of SW. \
of SE. ', ; Lucinda E. Lane, Delaware card No. 323; register Xo. 375. 350. 00
T . >tal 1, 544. 49
TOWNSHIP 24 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 1:
NE. 1 of SW. \ of SE. \; Emma J. Campbell, Delaware card Xo. 329;
register Xo. 927 10. 00
S. h of SW. \ of SW. \; John E. Ketchum, Delaware card Xo. 378;
register Xo. 744 20. 00
Section 2:
S. \ of NE. \; NW. I of SE. £-; W. \ of XE. | of SE. i; XE. 1 of SE. \
of SE. |; Henry Armstrong, Delaware card Xo. 301; register No.
874 150. 00
SW. J: Horace M. Adams, Delaware card Xo. 105; register Xo. W74... 160.00
Section 3:
XE. 1 of XW. \ of SW. |; W. I of W. \ of SW. \\ Sarah Fields, Dela-
ware card Xo. 236; register No. 935 50. 00
Section 4:
SE. 1 of XE. I of SE. i; E. i of SE. J of SE. \; Sarah Fields, Delaware
card N« >. 236; register Xo. 935 30. 00
Section !»:
E. I of XE. I of XE. 1; XE. \ of SE. \ of NE. 1 ; Sarah Fields, Delaware
card Xo. 236; register No. 935 30. 00
Section 10:
Lots 2. 3, and 4; X. h of XW. \; N. \ of S. i of XW. J; Sarah Fields,
Delaware card No. 235; register Xo. 935 ' 207. 54
Section 12:
W. I of NE. J; NW. \; N. J of SW. i; N. \ of SW. \ of SW. \; NW. \ of
SE. \ of SW. \; John R. Ketchum, Delaware card No. 278; register
Xo. 744 1 . . . . 350. 00
EA of SE. \ of SW. |; Richard C. Adams, Delaware card Xo. 104;
register Xo. 973 20. 00
S. I of SW. \ of SW. i; SW. \ of SE. \ of SW. \; Horace M. Adams,
Delaware card Xo. 105; register Xo. 974 30. 00
Section 13:
E.J of NE. \ of XW. I; Richard C. Adams, Delaware card Xo. 104;
register No. 973 20. 00
W. \ of XE. \ of NW. i; SE. ] of N W. \; W. * of NW. \\ X. h of SW. J;
SW. ', of SW. i; Horace M. Adams, Delaware card No. 105; register
No. 974 260. 00
232 ALLOTMENT <>K LANDS TO DELAWARE INDIANS.
Section L4: Acres -
E. I of E. .'.: E. ■'. of W. ■', of NE. 1; W. .'. of SE. ', ; Horace M. Adams,
Delaware card No. 105; register No. 974 280.00
W. -1 of S\V. 1 of NE. ',; s. I of NW. ', ; SW. ', ; Richard C. Adams Dela-
ware card No. 104; register No. 973 260. 00
Section 15:
S. I of NE. ',; lots 6, 7. and 8; SW. ', of SW. ', ; E. \ of SW. | ; SE. \\
Eorace M. Adams, Delaware card No. L05; register No. 974 441.23
Section 16:
Lots 3 and 5; Horace M. Adams, Delaware card No. 105; register
N( .. H74 - 21 . 20
Section 21:
Lotl; Horace M. Adams, Delaware card No. 105; register No. 974 ... L5.33
Section 22:
N. h of NW. J ; Horace INI. Adams, Delaware card No. 105; register
No. 074 80. 00
Section 23:
NE. ',: Horace M. Adams, Delaware card No. L05; register No. 074 160.00
Section 24:
NW. 1 of NW. 1; N.J of SW.J of NW. i; SW. \ of SW. \ of NW. ', ;
Horace M. Adams, ] telaware card No. 105; register No. 974 70. 00
Total 2, 605. 30
TOWNSHIP 25 NORTH, RANGE 1(1 EAST. INDIAN MERIDIAN".
Section 4:
SW. i ; John Q. Conner, Delaware card No. 246; register No. 283 160. 00
Section 5:
E. \ of SE. \ ; John Q. Conner, Delaware card No. 246; register No. 283 . 80. 1 II I
Section 7:
E. h of NE. i; Benjamin Conner, Delaware card No. 243; register
No. 319 .' - ----- 80. 00
Section 8:
W. .', ofNW. 1; NW. i of SW. \; Benjamin Conner, Delaware card
No. 243; register No. 319 120. 00
Section 24:
N. \ of SW. \ Of SE. \; Carrie Bratcher, Delaware card No. 304; reg-
ister No. 213 20. 00
S. \ of SE. \ of SE. I; William W. Nicholas, Delaware card No. 295;
register No. 90 20. 00
Section 25:
E. \ of NE. ! ; SW. \ of NW. \ of NE. \; E. \ of SW. \ of NE. ! ; Wil-
liam W. Nicholas, Delaware card No. 295; register No. 90 110.00
E. i of NW. 1 of SE. \; Emma J. Campbell, Delaware card No. 329;
register No. 927 20. 00
W. ■'. of NW. | of SE. \; E. \ of NE. | of SW. ', ; SW. \ of NE. \ of
SW. i; NE. J of SE. \ of SW. \; SW. ', of SE. !; Thomas Wilson,
Delaware card No. 343; register No. 747 100. 00
Section 26:
N. £ of NE. I; SW. J o£NE. }; N. \ of SE. \ of NE. | ; SW. \ of SE. \
of NE. !; NW. \ of SE. ',; NW. ! of NE. \ of SE. \; Thomas Wil-
si m, Delaware card No. 343; register No. 747 200. 00
SE. 1 ofSW. | ; NE. iofSW. ', of SW. ',; Lorena T. Estes, Delaware
card No. 227; register No. 476 60. 00
S. ', of SE. ', of SE. ',; Horace M. Adams, Delaware card No. 105; reg-
ister No. 974 20. 00
Section 27:
W. \ of SW. i of SE. ', : Jesse Miller, Delaware card No. 291; register
No. 621 ----- 20. 00
Section 34:
N. I of NE. I of NW. ! ; Jesse Miller, Delaware card No. 291 ; register
No. 621 ----- 20.00
Section 35:
NE. 1 of NE. ',; Horace M. Adams, Delaware card No. L05; register
No. 974 40.00
NE. ! of NE. ! of SE. 1 ; NE. ', of SE. ', of SE. 1 ; < reorge Bnllette, Dela-
ware card No. 325 ; register No. 472 20. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 233
Section 36: Acres -
SE. \ of NE. \ of NW. \; E. A of SE. \ of NW. \ ; E. £ of E. ^ of SW. | ;
Emma J. Campbell, Delaware card No. 329; register No. ''27 70.00
W. I of SE. i of NW. £; E. A. of SW. J of NW. ',; SW. \ of S\\\ \ of
NW. ',; Thomas Wilson, Delaware card No. 343; renter No. 747.. 50.00
W. h of SW. ]; W. A of E. .1 of SW. ]-; George Bullette, Delaware card
No. 325; register No. 472 120. 00
Total 1. 320. 00
TOWNSHIP 26 NORTH, RANGE 1(1 EAST, INDIAN MERIDIAN.
Section 4:
E. A of SW. ]; XW. 1 of SW. ■ ; George F. Smith, Delaware card No.
294; register No. 879 120. 00
Section 6:
S. * of S. h of NE. 1 ; S. 20 acres of lot 3; SE. i of NW. j ; S. 11). 71 acres
of lot 4; lots 5, ti, and 7; E. \ of SW. \; SE. \; Stephen A. Miller,
Delaware card No. 272; register No. 898 478. 81
Section 7:
W. A of NW. \ of NE. ',; NE. 1 of XW. ',; lot 1; Stephen A. Miller.
Delaware card N< ». 272 ; register X. >. 898 99. 98
Section 12:
E. A of SE. j of SE. ]; Mary E. Armstrong, Delaware card Xo. 102; reg-
ister No. 404 I '. 20. 00
Section 13:
NE. \ of NE. \ of NE. \; S. \ of X W. j , .f X E. \ ; X. \ of NW. i i if NE. } ;
MarvE. Armstrong, Delaware card No. 102; register No. 404 50.00
Section 21:"
S. I of SW. \ ; Isaac N. Journevcake, Delaware card No. 252; register
No. 419 .* ; 80.00
Section 23:
E. A of SE. \ of SE. | ; Abraham W. Ketchum, Delaware card No. 299;
register X< i. 932 20. 00
Section 24:
S. A of NE. I of NE. | : SE. ', of NE. \\ E. A of SE. }; Mary E. Arm-
strong, Delaware card No. 102; register No. 404 140. 00
SW. \ of SW. , ; Abraham W. Ketchum, Delaware card No. 200; reg-
ister Xo. 932 - 40. 00
Secton 25:
XW. \ of NW. ',: Abraham W. Ketchum, Delaware card No. 299;
register X. .. 032 40. 00
Section 28:
X. A; X.iofXW.jofSW. }-; KJofSW. \: N.JofSE.J; NW.JofSW.J
ofSE. \; X. \ ofSE. ', of SE. \\ Isaac X. Journeyeake. Delaware card
Xo. 252; register Xo. 419 530.00
Section 29:
XE. \ of XE. \; N. \ of SE. | of NE. \; SE. | of SE. \ of XE. \; Isaac
N. Journevcake, Delaware card No. 252, register No. 419 70. 00
Total 1, 688. 85
TOWNSHIP 27 NORTH, RANGE 16 EAST, INDIAN MERIDIAN.
Section 13:
S. }, of SE. S: SE, ! ofSW. !; E. .1 of SW. \ of SW. ': SW. j of SW. 1 of
SW. 1 ; Nancy M. Childers, I >elaware card No. 250; register No. 206. 150. 00
Section 23:
XE. \ of NE. | of NE. I; S. \ of NE. \ of NE. }\ SE. 1 of NE. .', ;
Nancy M. Childers, Delaware card No. 259; register No. 206 70.00
Section 24: '
X. }; NE. i of NE. ] of S.W. \\ X. \ of X. A of SE. \ ; Nancy M.
Childers, Delaware card No. 259; register No. 206 370. 00
S. J of NE. \ of SE. ',; SE. \ of SE. \\ Simon Love, Delaware card
No. 321; register No. 501 60.00
Section 25:
E. A. of E. A; E. =1 of SW. \ of NE. \; E. A of W. A of SE. \; Simon Love,
Delaware card No. 321 ; register No. 501 220. 00
234 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 26: A '"-
S\V. i ofSW. | ofNE. hSE. 1 ofSE. | ofNW. | ; W.JofSE. | ofNW. ',;
SW. 1 Of NW. I; NW. | of S\V. J; W. I of NE. | of SW. \ ; NE. | of
NE. | of SW. ', ; Amanda Wilson, Delaware card No. 268; register
No. 732 150. 00
Section 27:
SW. I of NE. \ of NE.fc S.J of NW. | of NE. ', ; S. .1 of NE. | ; SE. ', ;
Amanda Wilson, Delaware card No. 268; register No. 732 270.00
Section 30:
SE. 1 of NE. i ; SE. ! of SW. | of NE. | ; SE. \ ; E. I of SW. j ; Matilda
Zane, Delaware card No. 282; register No. 229 290.00
Section 34:
E. .'. of SW.i; W..\ of SE. ',; Susan Connor, Delaware card No. 216;
register N« >. 736 160. 00
Total 1, 740. 00
TOWNSHIP 24 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 6:
W. 20.81 acres of lot 1; Emma J. Campbell, Delaware card No. 329;
register No. 927 20. SI
Section 8:
N. J of NE. J; N. J of SE. \ of NE. \; George Bullette, Delaware card
No. 325; register No. 472 100. 00
Section 9:
N. jj of NW. i ; N. .1 of SW. \ of NW. \ ; SE. ', of SW. \ of NW. \; SE. \
of NW. |; George Bullette, Delaware card No. 325; register No. 472. 150. 00
Section 15:
NW. 1 of NW. | ; W. j of SW. \ of NW. \ ; NW. | of NW. \ of SW. | ;
Joshua Wilson, Delaware card No. 840; register No. 520 70.00
S. i of NW. \ of SW. ]; SW. I of SW.i; Mary Parker, Delaware card
No. 339; register No. 357 60. 00
Section 1(3:
NE. 1; N. I of N. \ of SE. | ; E. \ of NE. \ of SW. \\ Joshua Wilson,
Delaware card No. \ I4( I ; register No. 520 220. 00
S. h of N. \ of SE. \; S. J of SE. fc SE. \ of S W. ) ; W. i of NE. \ of SW. ] ;
W. .\ of SW. 1; Mary Parker, Delaware card No. 339; register*
No. 357 '. 260.00
Section 17:
N. i of NE. i; Joshua Wilson, Delaware card No. 340; register
No. 520 80.00
W. \ of SW. I of NE. \ -; SE. i of NW. J; W. i of NE. i of NW. i; W. .',
of NW. }; NE. S of NW. } of SW. J; N. J of NE. | of SW. i; SE. 1 of
NE. \ of SW. }; W. J of NW. } of SE. \; SE. i of NW. \ of SE. \; N. J
of SW. \ of SE. J: Calvin Everett, Delaware card No. 326; register
No. 313 250. 00
NE. \ of SE. 1 of SE. |; Mary Parker, Delaware card No. 339; register
No. 357 - 10. 00
Section 18:
SE. \ of NE. i of NE. \; NE. \ of SE. J of NE. \ ; Calvin Everett, Dela-
ware card No. .'!2<»; register No. 313 20. 00
SE. i of SE. \ of NE. i ; W. \ of SE. i of NE. \\ SW. ] of NE. \ of NE. ', ;
S. > of N W. \ of NE. 1 ; SW. j of NE. \ ; S. - 1 . of N E. ', of NW. \\ E. 20
acres of lot 1 ; SW. 8.65 acres of lot 1; lot 2; SE. \ of NW. ]: Horace
M. Adams, Delaware card No. 105; register No. 974 • 225.94
Section 21:
N. \ of N. i; Mary Parker, Delaware card No. 339; register No. 357. . . L50. 00
S. \ of NE.i; SE. | of NW. \ : SE. \- Horace M. Adams, Delaware card
No. 105; register No. 974 280. 00
Section 22:
NW.J; Mary Parker. I >elaware card No. 339; register No. 85. 160. 00
Section 27:
SE. ! of NE. i; E. h of SW. \ of NE. }; SW. | of SW. \ of NE. i ; N.J
of SE. J; Horace M. Adams, Delaware card No. 105; register No. 974. 150. 00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 235
Section 32: Acres.
W. * of NE. I of SE. 1; E. i of NW. J of SE. i; NE. | of SW. \ of SE. J;
NW. \ of SE. i. of SE. I ; Richard C. Adams, Delaware card No. 104;
register No. 973 60. 00
Section 35:
N. i of NE. J; N.J of SW. i of NE. }; Horace M. Adams, Delaware
card No. 105; register No. 974 100. 00
Total 2, 376. 75
TOWNSHIP 25 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 28:
NE. | of NW. i of SW. i; Carrie Brateher, Delaware card No. 304;
register No. 213 10. 00
S. }, of XW.} of SW.i; SW.Jof SW. i; Adeline L. Lowrance, Dela-
ware card No. 338; register No. 928 60. 00
Section 29:
S. .', of X. I of SE. i; S. i of SE. 1; SE. \ of NE. \ of SW. \; W. \ of
NE. \ of SW.i; W. .} of SW. i; SE. \ of SW.j; Adeline L. Low-
rance, Delaware card No. 338; register No. 928 270. 00
Section 30:
S. \ of SE. i of NE. < ; SW. j of NE. \; E. \ of SE. \ of NW. \ : W. \ of
E. '. of SW. \; SE. |; Adeline L. Lowrance, Delaware card No. 338;
register No. 928 280. 00
W. I of E. JofSW. |; Emma J. Campbell. Delaware card No. 329;
register No. 927 40. 00
Section 31:
NE. j of NE. \; E. h of NW. \ of NE. \; NW. \ of NW. \ of NE. £;
Adeline L. Lowrance, Delaware card No. 338; register No. 928 70. 00
SW. \ of NW. I of NE. 1 ; W. J of SW. J of NE. }; W. j of W. \ of
SE. j; Emma J. Campbell, Delaware card No. 329; register No. 927. 70.00
Section 32:
E. i of NE. i; NW. J of NE. J; N. } of SW. 1 of NE. \; SE. i. of SW. | of
N E. \ ; Adeline L. Lowrance, Delaware card No. 338; register Ni ». 928 . 150. 00
Section 33:
W. £ of NW. }; Adeline L. Lowrance, Delaware card No. 338; register
N< >. 928 80. 00
Total 1 , 030. 00
TOWNSHIP 26 NORTH, RANGE 17 EAST, INDIAN MERIDIAN.
Section 9:
SE. 1 of NE. }: E. \ ofSE. !; Mary White, Delaware card No. 92;
register No. 568 120. 00
Section 10:
SW. J ; Mary White, Delaware card No. 92; register No. 568 160.00
Section 18:
W. .1 of SW. I of SE. 1; SE. J of SW. i; E. 20 acres of lot 2; Mary E.
Armstrong, Delaware card No. 102; register No. 404 80. 00
Section 19:
NW. I of NW. } of NE. \; E. ] of NW. j; E. 20 acres of lot 1; SW.
9. 25 acres of lot 1 ; lots 2 and 3; NE. | of SW. \; Mary PI Armstn ing,
Delaware card No. 102; register No. 404 '. 236. 29
SE. \ of SE. \ of SE. 1 : Albert F. Armstrong. Delaware card No. 277:
register No. 876 10. 00
Section 20:
SW. I of SE. \ of NE. i; S. \ of SW. \ of NE. \; S. J of SE. \ of NW. j :
Albert F. Armstrong, Delaware card No. 277; register No. 876 50.00
Section 29:
N. A of NE. \ of NW. ]; Matilda Zane, Delaware card No. 232: regis-
ter No. 229 20. 00
N. I of NW. I of XW.i; S. I of NE. \ of NW. \; SE.|-of N \\. \ ; Albert
F. Armstrong, Delaware card No. 277; register No. 876 80.00
S. I of NW. I of NW. ',; SW. \ of NW. \; NW. \ of SW. \; Henry
Armstrong, Delaware card No. 301 ; register No. 874 100. 00
23(3 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 30: ■ ' • s •
E. ',; E. J of NW. !; NE. | of SW. ', ; Henry Armstrong, Delaware
card No, 301; register No. 874 * 440.00
NW. 9.25 acres of lot I; Mary E. Armstrong, Delaware card No. L02;
register No. 404 ' 9.25
Ti »tal L, 305. 54
TOWNSHIP 27 XoKTH. RANGE 17 EAST, INDIAN MERIDIAN.
Section 7:
Lot '.'>; NW. 8.21 acres of lot 4; Susan Connor, Delaware can! No. 216;
register No. 7:!<; 44. 47
Section 8:
E. A of NE. | of SE. ',: SW. | of NE. \ of SE. ! ; SE. | of SE. ',: E. ■',
of s\V. | of SE. !; SW. J of sw. > of SE. ', ; Susan Connor, Dela-
ware card No. 216; register No. 736 100.00
NW. \ of SW. | of SE. j; James W. (Jilison, Delaware card No. 14.'!:
register No. 868 10. 00
Section 17:
NE. \; Susan Connor, Delaware card No. 216; register No. 736 160.00
Section 19:
S. L8.42 acres of lot 3; lot 4; Simon Love, Delaware card No. 321; reg-
ister No. 501 55.;!2
Section 30:
NW. 4 L of NE. \ of NW. ]; lots 1 and 2; Simon Love, Delaware card
N« ». 32 1 ; register No. 501 84. 60
Total 454. 39
TOWNSHIP 15 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 1 :
E. J of SE. \ of NE. I; NW. \ of SE. \ of NE. J; Richard C. Adams,
LVlaware card No. 104; register N< ». 973 30. 00
TOWNSHIP 16 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 36:
S. I of SE. | of NE. !: N. J of SE. \; NE. \ of SW. | of SE. \ ; SE. }
of SE. \; Richard C. Adams, Delaware card No. 104; register No.
973 150. 00
TOWNSHIP 25 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 32:
E. \ ofNE. i; N. \ of NE. \ of SE. |; NW. j of SE. 1 of SE. ', ; SW. |
of NE. j of SE. ]; S. J of NW. \ of SE. ■, : SW. | of SE. \; S. J of
NE. i of SW. J; W. I ofSW. \; SE. \ of SW. fr John Secondine,
I (elaware card No. 62; register No. 481 320. 00
TOWNSHIP 28 NORTH, RANGE 19 PAST, INDIAN MERIDIAN.
Section 1 :
SW. 1 of SE. J of NE.J; S. i of SW.i of NE. { : NW.} of NE. ', of
SE. j: S. I of NE.iofSE."}; N. j of SE. \ of SE. i; SW. i of SE. \
of. SE. if W.J of SE. 1; K.\ of SE. \ of SW.i; Henry Wolfe,
Delaware card No. 72; register No. 427 190. 00
W.lof SE. ', of SW. 1 ,: SW. 1 of S\V.|; Rachel Anderson. Dela-
ware card No. 04; register No. 426 60.00
Section 2:
s. .', of s. .', of SE. 1 : Rachel Anderson, Delaware card No. 04; register
X< >. 420 40. 00
N.J of S.J of SE. !; N.J of SW.i; W.J of SW. \ of SE. S; Henry
W( life. Delaware card N< >. 72; register No. 42< 140. 00
Section 3:
Lots 1, 2, and 3; S. \ of NE. ', ; SE. | of NW. ', ; N. \ of SE. | ; W. .', of
SW. I of SE. ',; Henry Wolfe, Delaware card No. 72; register No. 427. 247.34
Section 11 :
E. ', of NE. ',: E. ■'. of W. I of NE. ', ; Rachel Anderson, Delaware card
No. 04; register No. 420 120.00
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 237
Section 12: Acres.
W.J of NW. 1 ,; \V. .1 of E. I of NW.i; Rachel Anderson, Delaware
card No. 64; register N< >. 426 120. 00
Total 917. 34
TOWNSHIP 29 NORTH, RANGE 19 EAST, INDIAN MERIDIAN.
Section 32:
E. J of SE. \; Henry Wolfe, Delaware card No. 72; register Xo. 427.. SO. 00
TOWNSHIP 15 NORTH. RANGE 20 EAST, INDIAN MERIDIAN.
Section 6:
S. 20 acres of lot 3; Lot 5; W. * of SE. J of NW. | ; NE. \ of SE. \
of NW. i; W. I of NW. \ of SW. 1 of NE. \; Richard C. Adams,
I 'elaware card No. 104; register No. 973 91. 85
TOWNSHIP 23 NORTH, RANGE 21 PAST. INDIAN MERIDIAN.
Section 1 :
W. \ of SW. \ of SE. \ ; SE. \ of SW. 1 ; W. \ of NE. \ of SW. \; W. \
of SW. \ ; Elizabeth Ketchuni, Delaware card No. 70; register No.
343 1 60. 00
Section 2:
N. i of SE. i; lot 8; SE. \- of SE. .J; Elizabeth Ketchum, Delaware
card No. 70; register No. 343 159. 35
Section 3:
Lots 1 and 2; S. h of NE. ', ; Mary Half, Delaware card No. 30; register
No. 943 ". 160. 00
Section 11:
Lots 1 and 2; Elizabeth Ketchum, Delaware card No. 70; register No.
343 1 45. 90
Total .. 525. 25
TOWNSHIP 24 NORTH, RANGE 21 PAST. INDIAN MERIDIAN.
Section 8:
E. \ of XE. \ of SE. ■; SE. \ of SE. ',; John D. Marker, Delaware card
No. 5; register No. 983 60. 00
Section 9:
SW. 1 of NE. \ of SW. \: S. }, of XW. \ of SW. \; S. \ of XW. ];
John D. Marker, Delaware card Xo. 5; register No. 983" 110. 00
Section 15:
S. h of SW. 1 of XW. 1; W. \ of SW. ]; Thomas E. Ketchum, Dela-
ware card Xo. 26; register No. 346 100. 00
Section lti:
-V \ of X. i; X. \ of SW. 1 of XW. •; SE. \ of SW. j of XW. \; SE. J of
XW.i; SW.iofXE.}; X. * of SE. } of XE. \ r ; SW. \ of SE. \ of NE.
i ; X W. \ of XE. \ of SE. }; NW. \ of SE. j : NW. \ of SW. \ of SE. \;
NE. \ of SE. \ of SW. |; NE. \ of SW. \; John D. Marker, Delaware
card No. 5; register No. 983 410. 00
SE. \ of SE. i of NE. |; E. * of E. i of SE. £; Thomas E. Ketchum, Dela-
ware card No. 26, register No. 346 50. 00
SW. 1 of X W. J of SW. ', : Elizabeth Davis, Delaware card Xo. 365; reg-
ister Xo. 942 10. 00
Section 17:
XE. \ of XE. \; E. I of XW. \ of XE. | ; NE. \ of SE. \ of NE. \- John
D. Marker, Delaware card No. 5; register No. 983 70. 00
Section 22:
NE. 1 of SW. \- NW. \ of SE. i; NE. 1. of SW. £ of SE. \ ; Sarah E. Lum-
bard, Delaware card No. 51 ; register No. 965 90. 00
Section 26:
SW. J; Alice J. Lynch, Delaware card Xo. 57; register No. 964 160.00
Section 27:
E. i of E.j of SE. ', : Alice J. Lynch, Delaware card No. 57; register
No. 964 ; 40. 00
Section 35:
W. I of NE. \; NW. \ ; N. \ of NE. \ of SW. \\ N. h of NW. \ of SE. 1 ;
SE. \ of XW. \ of SE. 1 ; Alice J. Lvnch, Delaware card No. 57; reg-
ister No. 964 „ 290. 00
238 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Section 36: Acres -
SE. ', of S\V. ', of SE. 1; Alice .1. Lynch, Delaware card No. 57; register
No. 964 10.00
T< ital 1 , 400. 00
TOWNSHIP 24 NORTH, RANGE S2 EAST, INDIAN MERIDIAN.
Section 30:
Lots 1, 2, 3, and 4; Sarah A. McCamish, Delaware card No. 47; regis-
ter No. hi;:; 132. 84
TOWNSHIP 25 NORTH, RANGE 22 EAST, INDIAN MERIDIAN.
Section 3.5:
NE. \ of SE. 1; NE. \ of SE. | of SE. |; Robert J. Lunday, Delaware
card N. ). 24 ; register No. 869 50. 00
Section 36:
SE. \ of NW. |; E. \ of SW. \ of NW. }-; SW. 3 of SW. J of NW. \ ;
N. \ of SW. | ; SW. 1 of SW. i; W. £ of SE. } of SW. \; Robert J.
Lunday, Delaware card No. 24; register No. 869 210. 00
Total 260. 00
TOWNSHIP 26 NORTH. RANGE 23 EAST, INDIAN MERIDIAN.
Section 7:
N. h of NE. \; N. \ of S. h of NE. \\ James Washington, Delaware
card No. 1 ; register No. 676 120. 00
Grand total 61, 686. 97
Exhibit E.
The following-described land in the list of land hied with the Commission to the
Five Civilized Tribes, December 16, 1902, and amended January 23, 1903, by Walter
S. Logan, claiming to be the attorney for the Delaware Indians, is found as indicated
below from the Commission's records, to be claimed and occupied by Delaware citi-
zens of the Cherokee Nation, as per Commission's citizenship cards, and to this land
there has not appeared any adverse claimant.
INDIVIDUAL HOLDINGS.
Horace M. Adams, Delaware card No. 105, register No. 974:
T. 24 N., R. 14 E.— - Ures -
Section 11— E. h of SE. \, E. 4 of W. A of SE. \, SW. \ of SW. of
SE. J J - - 130
Section 12— W. J of E. A of NE. fc, W. \ of NE. \, NW. \ of NE. \
of SE. -}, NE. \ of NW. \ of SE. \, W. h of NW. \ of SE. \, SW. \. 320
T. 24 N., R. 16 E.—
Section 2— SW. \ 1«0
Section 12— S. \ of SW. \ of SW. > , SW. ', of SE. ', of SW. \ 30
Section 13— W: I of NE. \ of NW. \, SE. \ of NW. ', , W. \ of
NW. 1, N. I of"SW. 1, SW. 1 of SW. \ 260
Section 14— E. h of E. A, E. A of W. A of N E. ! , W. h of SE. \ .... 280
Section 15— S. A of NE. j, lots li, 7, and 8, SW. \ of SW. \, E. \ of
s\V. \, SE. ',". 441.23
Section L6— Lots 3 and 5 - 21.20
S< cl i< »n 21— Lot 1 15. 33
Section 22— N. \ of NW. \ 80
Section l>:;— NE. 1 160
Section 24— NW. \ of NW. \, N. I of SW. \ of NW. ',. SW. \ of
SW. 1 ofNW. 1 70
T. 25 N.. R. L6E.—
Section 2ii— S. A of SE. \ of SE. \ 20
Section 35— NE. 1 of NE. 1 40
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 239
Horace M. Adams — Continued. Acres.
T. 24 N., R. 17 E.—
Section 18— SE. \ of SE. \ of NE. \, W. I- of SE. \ of XE. J, SW. !
of NE. \ of NE. \, S. ^ of NW. \ of NE. \, SW. J of NE. \, S. £
of NE. \ of NW. i E. 20 acres of lot 1, SW. 8.65 acres of lot 1,
lot 2, SE. i of N W. 1 225. 94
Section 21— S. i of NE. 4, SE. \ of NW. i SE. J 280
Section 27— SE. \ of NE. \, E. hoi SW. £ of NE. ], SW. J of SW. \
of NE. \, N. i of SE. i 150
Section 35— N. h of NE. \, N. i of SW. \ of NE. i 100
Total 2, 783. 70
Richard C. Adams, Delaware card No. 104, register No. 973:
T. 23N.,R. 14 E.—
Section 13— NE. \ of NE. \ of SE. \, S. h of NE. \ of SE. \, SE. \
of SE. \ ." 70
Section 24— E. I of NE. \ 80
T. 23 N., R. 15 E.—
Section IS— E. h of SW. \, lots 3 and 4 162.09
Section 19— W. h of E. i of NW. J, lots 1 and 2 122. 31
T. 24 N.. R. 16 E.—
Section 12— E. h of SE. \ of SW. \ 20
Section 13— E. h of NE. \ of NW. -]- 20
Section 14— W. A of S W. \ of NE. \, S. A of NW. \ , SW. \ 260
T. 24 N., R. 17 E.—
Section 32— W. h of NE. \ of SE. J, E. \ of NW. \ of SE. \, NE. \
of S W. \ of SE. i, NW. \ of SE. \ of SE. \ 60
T. 15 N., R, 19 E.—
Section 1-E. \ of SE. \ of NE. \, NW. \ of SE. \ of NE. \ 30
T. 16 E., R. 19 E.—
Section 36— S. h of SE. i of NE. \, N. h of SE. \, NE. \ of SW. j
of SE. S, SE. 1 of SE. S 150
T. 15 N., R. 20 E.—
Section 6— S. 20 acres of lot 3, lot 5, W. £ of SE. \ of NW. \, NE. \
of SE. \ of NW. \, W. J of NW. ; of SW. ! of NE. 1 91.85
Total 1, 066. 25
Daniel Anderson, Delaware card No. 171, register No. 470:
T. 25 N., R. 14 E.—
Section 7— SE. .}, E. * of E. * of SW. \ I'm)
Section 8— NW. \ of SE. \, N. i of SW. \ of SE. ',, SW. \ of SW. \
of SE. k SW. 1 230
T< .tal 430
Rachel Anderson, Delaware card No. 64, register No. 426:
T. 28 X., R. 19 E.—
Secti. )ii 1 -W. .', of SE. | of SW. i, SW. 1 of SW. } 60
Section 2— S. i of S. A of SE. ] 40
Section 11— E. \ of NE. \, E. h of W. % of NE. \ 120
Section 12— W. \ of NW. ',. W. \ of E. \ of NW. ■ 120
Total 340
Albert F. Armstrong, Delaware card No. 277, register No. 876:
T. 26 N., R. 17 E.—
Section 19— SE. \ of SE. \ of SE. £ 10
Section 20— SW. \ of SE. \ of NE. \, S. h of SW. \ of NE. |, S. >
of SE. i of NW. \ 1 50
Section 29— N. \ of NW. j of NW. }, S. h of NE. 4 L of NW. \, SE.
1 of NW. \... 80
Total 140
240 ALLOTMENT <>F LANDS TO DELAWARE INDIANS.
Arthur Armstrong, Delaware card No. 76, register No. 10: Acres,
T. 26 N, R. 13 E.—
Section 7— W. .', of XK. | of XI-:. ',, XW. | ofSE. ! of XK. ',, W. .',
of XK. S, SW. 1 of XK. J of SE. ',, X\V. I of SE. ',, XK. | of SW.
j . K. .' of NW. \, lot 1, less 1.38 acres occupied by town site of
Bartlesville; lot 2, less LI. 06 acres occupied by town site of Bar-
tlesville; lot 3 390. 75
Total 390. 75
Henry Armstrong, Delaware card No. 301, register No. 874:
f. 24 X., R. 16 E.—
Section 2— S. J of NE. i, NW. j of SE. h W. \ of XK. | of SE. ',.
XI-:. 1 ofSE. | ofSE. 1 150
T. 26 N., R. 17 E.—
Section 29— S. \ of NW. \ of NW. \, SW. | of XW. », XW. j of
S W. I 100
Section 30— E. i, E. $ of XW. 1. XK. | of SW. j 440
Total 690
Mary E. Armstrong, Delaware card No. 102, register No. 404:
T. 26 N, R. 16 E.—
Section 12— E. 4 of SE. 1 of SE. \ 20
Section 13— NE. i of NE. J of NE. \, S. h of NW. \ of XK. ',, X. \
of SW. \ol NE. \ 50
Section 24— S. * of NE. \ of NE. \, SE. \ of NE. \, E. \ of SE. }.. 140
T. 26 X., R. 17 E.—
Section 18— W. \ of SW. \ of SE. |, SE. ] of SW. }, E. 20 acres of
lot 2 80
Section 19— NW. \ of NW. \ of NE. \, E. \ of NW. \, E. 20 acres
of lot K SW. 9.25 acres of lot 1, lots 2 and 3, XK. \ of SW. \ ... 236. 29
Section 30— XW. !. 9.25 acres of lot 1 9.25
Total 535.54
Solomon F. Armstrong, Delaware card No. 270, register No. 602:
T. 26 N., R. 15 E.—
Section 1— N. 20.05 acres of lot 3, SW. 10 acres of lot 3, N. h of
SE. J of NW. \ 50. 05
Total 50. 05
Harry Arnold, Delaware card No. 138, register No. 151 :
f . 26 N., R. 13 E.—
Section 22— W. \ of NE. J, SE. \ of NW. \, E. £ of NE. \ of NW. \. 140
Total 140
Mary Bascomb, Delaware card No. 135, register No. 677:
T. 25 N., R. 13 E.—
Section 4— W. X of SE. | of SW. \, SW. j of SW. | HO
Section 9— W. \ of E. h of NW. \, W. £ of NW. i 120
Total 1 80
Eliza Beaver, Delaware card No. 14X, register No. 480:
T. 25 N., R. 13 E.—
Section 3— N. \ of NW. \ of SW. \, SW. \ of XW. \ of SW. \ .... 30
Section 4-NE. \ of SE. \, NE. J of SE. J of SE. \, SE. \ of NW. j
of SE. i 60
Total 90
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 241
Elizabeth Beaver, Delaware card No. 247, register No. 821: Acres.
T.28N.,R. 13 E.—
Section 11— SW. \ of NW. | of SE. \, SW. } of SE. \, SW. i 210
Section 14— NW. J of NE. \, NE. £ of NW. \ 80
T. 29N.,R. 13 E.—
Section 36— W. * of SE. \ 80
T. 28 N., E. 14 E.—
Section 4— W. I of SW. \ of SE. \ 20
Total 390
Mary C. Bezion, Delaware card No. 308, register No. 601:
T. 28 N., R. 13 E.—
Section 25— S. \ of S. \ of SW. \ 40
Section 35— E. h of NE. £, NE. i of SE. } 120
Section 36— N. I of SW. \. NW. \ 240
T. 26N.,R. 15 E.—
Section 1— S. 20 acres of Lot 4. SW. \ of NW. \, S. \ of SE. \ of
NW. 1, SW. \, W. \ of W. hoi SE. | 280
Section 2— S. 20 acres of lot 1. SE. | of NE. \, S. A of SW. | of NE.
h SE. i 240
Total 920
Amanda Bixler, Delaware card No. 167, register No. 525:
T. 25 N.. R. 13 E.—
Section 2— S. | of SW. \ 80
Section 11— E. f of SE. i, E. h of W. * of SE. }, N E. 1 of NW. h
N. J of NW. J of NW. \ ...'. ." ISO
Section 12— NE. \ of NE. \ of SW. 1, S. A of NE. } of SW. \, S. i
of S W. i, NW. I of SW. 1 ." ; 150
Section 13— N. \ of S. - 1 , of NW. \, N. J of NW. \ 120
Section 14— N. J of NE". \, N. I of S. } of NE. J, NE. | of SE. | of
NW. j, SE. 1 of XE } of NW. J 140
Total 670
Alexander Black, Delaware card No. 108, register No. 231:
T. 28 N., R. 13 E.—
Section 8— E. .'. of NE. 1. E. \ of W. \ of NE. J, E. * of SE. J, SW. \
of SE. J, E. i of NW. | of SE. \ ". 260
Section 9— SW. i of SW. j of SW. \, N. A of SW. ] of SW. \, NW. j
of SW. \. SW. | of NW. |,S. \ of NW. £ of NW. \ 130
Total 390
Carrie Brateher, Delaware card No. 304, register No. 213:
T. 25 N., R. 16 E.—
Section 24— X. ] of SW. \ of SE. \ 20
T. 25 N., R. 17 K—
Section 28— NE. J , « if X W . | of S W. \ 10
Total . 30
Mrs. Minnie Britton, Delaware card No. 196, register No. 218:
T. 28 N., R. 12 E.—
Section 35— E. I of SE. | of SE. J 20
Section 36— E. h of E. \ of NE. \ 40
T. 28 N., R. 13 E.—
Section 31— NW. \ of NW. ', of SE. \, NE. \ of NE. ] of SW. \, E. \
of NW. t, lots 1 and 2 183. 32
Total 243. 32
8. Doc. 104 16
242 ALLOTMENT 01 LANDS TO DELAWARE INDIANS.
Julia Bronson, Delaware card No. 79, register No. LOO: Acres.
T. 25 N., R. 12 E—
Section L4— S. \ of NE. 1 so
T. 26 V, R. L3 E.—
Section 32— NE. | of SE. ',. NE. | of SE. | of SE. |. W. .', of SE. |
of SE. 1, s\V. 1 of SE. !, s. ', of NW. | of SE. ',, NE. ^ of NW. ',
of SE. 1 140
Total 220
John Brown, Delaware card No. 162, register No. 523:
T. 25 N., R. 13 E.—
Secti. m 2— N. \ of N. \ of SE. }, N E. | i rf X E. | . >f SW. j 50
Section 10— S. A of S. \ of N E. | , SE. ', 200
Section 15— N. .', of N. J of NE. \, SW. \ 200
T. 20 N., R. 13 E.—
Section 36— N. h of SE. |, NW. ',- of SE. } of SE. ',. N. \ of SW. j
of SE. i 110
T< ital 560
Julia Brown, Delaware caul No. 265, register No. 742:
T. 26 N., R. 15 E.—
Section 10— W. ', of SW. I, W. \ of SE. \ of SW. | 100
Section 15— W. \ of NE. \ of NE. \, NW. \ of NE., S. h of NE. \,
X. \ of NW. 1 of SE. I, NW. \ 320
Total 420
William Brown, Delaware card No. 194, register No. 281:
rp 9— v r> 1 o u
Section' 3— SE. \ of NE. J of SW. £, W. A of NE. £ of SW. j, S. "*
of SW. \, NW. 5 of SW. ] , W. I of SE. } of NW. | , SW. \ of NW. h
W. 20.50 acres of lot 3, lot 4 271 . 55
Section 10— N. I of NW. J of NW. £ 20
Total 291. 55
Thomas Buffalo, Delaware card No. 117, register No. 711 (?):
T. 27 N., R. 12 E.—
Section 2— NW. 10.38 acres of lot 2, lot 3 31. 10
T. 28 N., R, 12 E.—
Section 13— S. \ of S. \ of SE. | , SE. \ of SE. \ of S W. J 50
Section 24— N. ■'. of NE. 1 ,, N. ■', of S. \ of NE. ',. SW. 1 of SE. \ of
NE. I, SE. I of SW. } of NE. | , E. \ of NE. ', of NW. 1 160
Section 35— S. \ of SW. l , of NE. |, W. i of SE. ], S. 10.12 acres of
lot 2, lots 3 and 4 150.67
T. 27 N., R. 13 E.—
Section 4— SW. \ of SW. J of SE. J 10
Section 0— NW. I of NW. I of NE. }, S. h of NW. i of NE. ], SW.
}of NE. I of NE. 1, W. i of SE. ] of NE. J, SW. } of NE. \,
W. i of NE. J of SE. \ , X W. 1 < rf SE. 1 160
T. 28 X., R. 13 E.—
Section 18— SW. 11.68 acres of Lot 4 11.68
Total 57:;. 45
Jane Buford, Delaware card No. 98, register No. 814:
T. 26 N., R. 12 E.—
Section 13— E. jj of SE. \ 80
George Bullette, Delaware card No. 325, register No. 472:
T. 20 X.. R. 12 E.—
Section 25— E. I of NE. \, E. ^ of SW. \ of NE. t, SW. \ of SW. 1
ofNE. 1.SK. 1 270
Section 36— NE. ',, SE. ', of NW. ',, E. ', of NE. ', of NW. ',, SW. j
of NE. ! of NW. ',, X. .', of SW. \. X. .', of SW. j of SW. ',. N. ■'.
of SE. I ' 410
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 243
George Bullette — Continued. Acres.
T. 20 N., R. 13 E.—
Section 30— Lots 1, 2, 3, and 4 141. 68
Section 31— Lot 1, N. 17.67 acres of lot 2 53. 04
T. 29 N., R. 13 E.—
Section 33— SW. \ of SW. \ of SW. \ 10
T. 25 N., R. 16 E.—
Section 35— NE. } of NE. J of SE. \, NE. \ of SE. \ of SE. \ 20
Section 36— W. \ of SW. \, W. h of E. h of SW. \ 120
T. 24 X., R. 17 E.—
Section 8— N. i of NE. j, N. \ of SE. \ of NE. \ 100
Section 9— N. J of NW. ',. N. h of SW. \ of NW. '„ SE. \ of SW. \
of NW. 1, SE. | of NW. i 150
Total 1, 274. 72
John Bullette, Delaware card No. 319, register No. 902:
T. 20, N., R. 13 E.—
Section 27— E. i of SW. }, SE. \ of NW. \ of SW i 90
Section 34— NE. \ of NW. ] , N. * of SE. \ of NW. | 60
T. 22 N., R. 14 E.—
Section 20— E. h of NE. \ 80
Section 21 - W. h of N W. \ 80
T. 22 N., R. 16 E.—
Section 28— S. \ of SW. \ of SE. \, S. i of SE. \ of SW. J, SW. \ of
SW. 1 80
Section 29— SE. \ of NE. \ of SE}, E. i of SE. \ of SE. ]-, S. h of
SW. J of SE. ]-, NW. J of SW. SofSE. | 60
Section 32— E. } of NE. \ of NE. }, SW. J of NE. \ of NE. }, NW. i
of NE. \, E. * of SW. i- of NE. \, SW. J of SW. \ of NE. \, SE.
i of NE. i, NE. i of SE. }, N. h of NE. \ of SE. J of SE. \ 185
Section 33— W. .',, W. ] of NE. }, N. i of NW. \ of SE. J, SW. J of
NW. lot SE. ',, W. .1 niSW. lot SE. J 450
Total 1,085
Nancv Caesar, Delaware card No. 91, register No. 126:
f. 24 N., R. 13 E—
Section 16— E. J, SW. \, E. J of NW. \, S W. 1 i >f N. W. | 600
Emma J. Campbell, Delaware card No. 329, register No. 927:
T. 24 N., R. 16 E.—
Section 1— NE. \ of SW. | ofSE.}.. 10
T. 25 N., R. 16 E.—
Section 25— E. i of NW. ', of SE. \ 20
Section 36— SE. \ of NE. | of NW. \, E. h of SE. j of NW. ',, E. *
of E. \ of SW. \ " 70
T. 24 X., H. 17 E—
Section 6— W. 20.81 acres of lot 1 20.81
T. 25 N., R. 17 E—
Section 30— W. } of E. ] of SW. } 40
Section 31— SW. \ of NW. j of NE. \, W. } of SW. ', of NE. }, W. h
of W. £ofSE. j - 70
Total 230. 81
Nancv M. Childers, Delaware card No. 259, register No. 206:
t. 27 N., R. 16 E.—
Section 13— S. \ of SE. \, SE. | of SW. }, E. \ of SW. | of SW. \,
SAV. } of SW. 1 of SW. j 150
Section 23— NE. | of NE. | of NE. }, S. h of NE. \ of NE. !, SE. 1
of NE. J 70
Section 24— N. .'„ NE. | of NE. \ of SW. !, N. •'. of N. i of SE. l ,.- 370
Total 590
244 ALLOTMENT 01 LANDS TO DELAWARE INDIANS.
Benjamin Conner, Delaware card No. 243, register No. 319: Acres
T. 25 N., K. L6 E.—
Section 7— E. .', of NK. 1 80
Section 8— W. \ of NW. h NW. | of SW. \ 120
Ti )tal 200
John <,). Cnnner, Delaware card No. 246, register No. 283:
T. 25 X.. R. 16 E.—
Sect ii ,n 4— s\V. j 160
Sections— E. \ of SE. | 80
Total 240
Susan Connor, Delaware card No. 216, register No. 736:
T. 27 N., R. 16 E.—
Section 34— E. 1 of SW. 1. W. \ of SE. \ 160
T. 27 N., R. 17 E.—
Section 7— Lot 3, NW. 8.2] acres of lot 4 44.47
Section 8— E. A of NE. \ of SE. ',. SW. \ of N E. ' of SE. \, SE. ', '
of SE. 1. E. ~\ of SW. ! of SE. S. SW. 1 of SW. \ ofSE. \ 100
Section 17— NE. } loo
T( ital 464. 47
Albert Curlevhead, Delaware card No. 101, register No. 703:
T. 26 N., R. 14 E.—
Section 16— NE. \ of NE. ! of SW. \. W. A of E. I of SW. \, W. \
of SW. i, S. A of SW. \ of NW. i, NW. \ of SW. \ of NW. \... 160
Section 17 640
Section 18— E. \ of E. A of E. \, W. A of NE. \ of SE. \. NW. \ of
SE. | of SE I, NE. | of SW. > of SE. 1 120
Section 20— NE. \, E. \ of NW. \, E. .', of SW. ] of NW. \. NW. '
of NW. i - 300
Section 21— NW. | of NE. | of NW. \, N. i of NW. | of NW 1 ,,
SW. 1 of NW. ! of NW. \, NW. \ of SW. S of NW. | 50
Total 1, 270
Elizabeth Davis, Delaware card No. 365, register No. D42:
T. 24 N., R. 21 E.—
Section 16— SW. \ of NW. \ of SW. J 10
James Dav, Delaware card No. 2(H), register No. 623.
T. 26 N., R. 13 E.—
Section 19— SE. \ of SW. \ of NE. \, S. h of NE. \ of SI-;. \ N. .',
of SE. 1 of SE. | . SE. \ of SE. I of SE. }...'. 60
Section 20— SW. | L60
T. .tal 220
Widow J. Easev, Delaware card No. 133, register No. 462:
T. 27 N., R. 12 E.—
Section 2— SW. \ of SW. \ of NE. \, S. 10.22 acres of lot 4 20. 22
William J. Easey, Delaware card No. 133, register No. 463:
T. 26 N., R. 14 E.—
Section IS— SW. | of SE. \ of SE. \, SE. \ of SW. > of SE. \ 20
Se<:tion 19— S. \ of NE. \. SE. \, E. \ of E. \ of SW. \, E. \ of SE.
\ of NW. \ 300
Section 20— W. I of SW. \ of NW. \ . W. \ of S^ T . \ 100
Total 420
Charles Elkhair, Delaware card No. 169, register No. <v>4:
T. 28 N, R. 13 E.—
Section 7— SE. \ of SE. \ of SE. \ 10
Section 8— S. I of SW. \ of SW. i 20
ALLOTMENT OF LANDS TO DELAWARE INTHANS. 245
Charles Elkhair — Continued. Acres.
Section 16— W. J of E. ] of SE. ',, W. .', of SE. ',, SW. \ 280
Section 17— E. J of NE. i, NW. | of NE. J, E. 4 of SW. j of NE. >,,
SE. i, E. J of SE. i of SW. J , N. ] of NW. | 400
Section 18— NE. \ of NE. \ of NE. I. S. .'. of NE. \ of NE. j 30
Section 20— NE. \ of NW. i of NE. }, N. .V of NE. \ of NE. \. E. * of
SE. 1-of NE. J, E. *of NE. | of SE. i" 70
Section 21— NE. \ of NE. | of NW. |, W. § of NE. \ of NW. ], W. *
of SE. | of NW. !, S. J of SE. £ of SE. \ of NW. !, W. A of NW. fc
X. ) of SW. 1, X. \ of S. •} of SW. 1 ; 255
Total 1, 065
Eliza Elkhair, Delaware card No. 128, register Xo. 268:
T. 28 X., R. 13 E —
Section 17— SW. \ of SW. \ of SW. 1 10
Section 18— S. \ of S. \ of SE. \, NW. j of SW. \ of SE \ 50
Section 19— E. i, E. 20 acres of lot 3 340
Section 20— W. J of W. .', of SW. ',, X. h of SE. £ of NW. 1, E. \ of
XE. \ of NW. i, SW. \ of NE. \ of NW. ',, W. A of NW. £...... 170
Section 28— SW. \ of NE. i, E. * of SW. \, E. * of W. \ of SW. \,
S. I , ,f S W. ', i if NW. i , NE. J" of SW. £ of NW. £ 230
T. 28 N., R. 14 E.—
Section 28— N. - 1 , of S. }, X. \ of SW. 1 of SW. |, SE. £ of SW. \ of
SW. \, SE. |- of SW. ',, SW. 1 of SE. \, W. * of SE. \ of SE. \,
NE. J of SE. \ of SE. \ 300
Section 33— NE. \ of NW. £, XE. 5 of NW. \ of NW. }, NE. | of
SE. I of NW. i, W. I of NE. J, NW. £ of NE. ' of NE. } 150
Total 1,250
Lorena T. Estes, Delaware card Xo. 227, register Xo. 476:
T. 25 N., R. 16 E.—
Section 26— SE. \ of SW. \, NE. \ of SW. | of SW. \ 50
Calvin Everett, Delaware card No. 326, register No. 313:
T. 24 N., R. 17 E.—
Section 17— W. * of SW. \ of NE. £, SE. \ of NW. ',, W. \ of NE. i
of NW. !, W. I of NW. t, NE. i of NW. \ of SW. £, N. J of NE.
1 of SW. I, SE" i of NE. ]ni SW. J, W. I of NW. £ of SE. >, SE. |
i if NW. S of SE. \, X. \ of SW. | ( .f SE." ', 250
Section 18— SE. \ of NE. \ of XE. \, NE. i of SE. \ of NE. £ 20
Total 270
George Fall-Leaf, Delaware card X x o. 174, register No. 820:
T. 2s X.. R. 14 E.—
Section 5— Lots 1, 2, 3, and 4, X. h of NE. \ of SW. \, SE. \ of
NE. \ of SW. \, N. I of SW. \ of SE. i, NW. \ of SE. i, W. | of
XE. J of SE. \ '. 271.76
T. 29 X., R. 14 E.—
Section 31— S. 19.92 acres of lot 2, lots 3 and 4, E. I of SW. \, W. i
of SE. h W. \ . if XE. J of SE. \, S. } of SE. \ of NE. J 299. 78
Total 571.54
Sarah Fields, Delaware card No. 236, register No. 935:
T. 24 N., R. 16 E.—
Section 3— NE. \ of XW. \ of SW. \, W. } of W. } of SW. \ 50
S. sction 4— SE. | of NE. \ of SE. J, E. h of SE. J of SE. \ 30
Section 9— E. * of NE. \ of NE. \, NE. i of SE. \ of NE. i 30
Section 10— Lots 2, 3, and \, X. ) of XW. \ , X. J of S. J of NW. |-.. 207. 54
Total 317.54
246 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Frenchman, Delaware card No. 85, register No. 376: Acres.
T. 27 X., R. 12 E.—
Section 1— SW. ', of NW. ',, N. .'. of NW. | of SW. ',. SE. ', of NW.
1 ofSW. 1 70
Section 2— E. \ of SE. \ of NE. | 20
Total 90
Frank Frenchman, Delaware card No. 140, register No. 378:
T. 27 N., R. 12 E.—
Secti( m 1—U >t 4 40. 67
Section 2— Lot 1 40. 76
T 28 N R 12 E
Section 13— NE. \ of NW. | of NW. \, W. \ of W. .'. of NW. ',.... 50
Section 14— N. \ of NE. ',. SI-;, j of NE. \, NE. 1 of SW. ! , of NE. | . 130
Section 35— SW. | of SE. \ of SE. ] 10
Section 36— SW. | i »f SW. \ of SW. \ 10
Total 281. 43
James W. Gibson, Delaware card No. 143, register No. 868:
T. 28 N., R. 13 E.—
Section 14— S. \ of SW. \ 80
Section 15— SE. \ of SE. \, E. J of SW. \ of SE. ',. SW. j of SW. \
ofSE. t, SE. \ ofSE. S ofSW. 1 80
Section 22— NE. \, E. \ of NW. .'„ N. \ of SW. \ of NW. $, NW. i
of NW. } 300
Section 23— N. i of SW. \ of NE. \ , N W. \ 180
T. 27 N., R. 17 E.—
Sections— NW. \ of SW. \ of SE. \ 10
Total 650
Sophia Gordon, Delaware card No. 110, register No. 44i>:
T. 27 N., R. 13 E.—
Section 3— SE. } of NE. \ of SE. \, W. A of NE. \ of SE. I, NW. \
of SE. \, S. i of NE. S, E. I of SE. S of NW. I, lots 1 and 2. E.
2i ». 50 acre? « »f lot 3, NE. \ of NE. \ of S W. \ 282. 33
T. 28 N., R. 13 E.—
Section 34— SE. >,. S. \ of SW. \, S. I of NW. 1 of SW. \, NE. \ of
SW. ]. SE. 1 of NW. ), SE. S ofNE. \ of NW. i 350
Section 35— SW. j of SW. ] 40
Total 672. 33
Mary Naff, Delaware card No. 30, register No. 943:
T. 23 N., R. 21 E.—
Section 3— Lots 1 and 2, S. I of NE. | 160
Fielding Halfmoon, Delaware card No. loo, register No. 541:
T. 25 N., R. 13 E.—
Section 4— SE. \- of NE. \ of SW. \, W. h of NE. \ of SW. \, NW. |
of SW. | 70
Section 5— N. h of SE. ■,. S. I of NE. 1, lot 1, E. 20.01 acres of
lot 2 : : 219. 98
Section 7— S. i of SE. \ SO
Section 16— SW. \ of NE. \ of NE. ]. NW. j of SE. 1 of NE. ',. N. i
of SW. | of NE. ',, NW. \ of NE. ',, SE. ! of NW. ',. S. I of NE. |
of NW. \ . N E. ! i .f X E. | of NW. 1 170
T. 26 N., R. 13 E.—
Section 32— SE. | ofSE. \ of SE. \ 10
Section 33— W. \ of SE. \ of SW. \, SW. \ of SW. ',. N. \ of SW. \.. 140
Total : . . . 689. 98
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 247
John Hallock, Delaware card No. 107, register No. 29: Acres.
T. 26N.,R. 13 E.—
Section 33— E. \ of NE. J-, N. \ of SW. \ of NE. |, S. i of NW. I of
NE. i, NE. i of NW. \ of NE. J, NE. \ of NE. i of SE. | 140
Section 34— NE. i of NE. j of NE. ',, W. A of E. \ of NE. J, W. A of
NE. |, NE. | of NE. \ of SW. \, W. | of NE. } of SW. ], E. % of
NW. 1 of SW. ], NW. ! of NW. | of SW. S. NW.-J "... 350
Total 490
Colonel Jackson, Delaware card No. 106, register No. 260.
T. 28 N., R. 13 E.—
Section 2— E. I of NE. \ of SW. ), SW. \ of NE. \ of SW. £-, S. i of
SW. \, S. I of NW. S of SW. \. XW. ' of NW. ', of SW. ',, lot 2, N.
19.64 acres of lot 3 199. 36
S, !C i i, ,„ 3_E. I of E. * of SE. i, N. 19.56 acres of lot 1 59. 56
S< sction 4— E. i of SW. \ 80
Section 9— S. h of NE. ', of NE. \. SE. \ of NE. \, E. h of SW. \ of
NE. | , NW. 1 of NE. j . N. I i »f NE. ^ of SE. \ ." 140
Section 10— E. £ of NE. j < »f NE. \, NE. \ of SE. ', of NE. \ 30
Section 11— N. h of NE. \ of NW. J, W. h of SW. £ of NW. ',, NW. \
of NW.i 80
T. 29 N., R. 13 E.—
Section 33— W. \ of NE. ',. W. h of NE. \ of SE. \, SE. \ of SE. J,
W.i of SE. 1,"SE. | of NW.i 260
Section 34— S. \ of S. i of SW. J 40
Total S8S. 92
Isaac N. Journey Cake, Delaware card No. 252, register No. 419:
T. 26 N., R. 16 E.—
Section 21— S. I of SW. \ 80
Section 28— N. A, N. A of NW. \ of SW. \, E. h of SW. $, N. J of
s E. 1 , NW. ', i .f SW. \ of SE. \ , N. '.of SE. j of SE. \ 530
Section 29— NE. I of NE. I N. A of SE. £ of NE. \, SE. J of SE. \
of NE. £ J 70
Total 680
Abraham W. Ketchnm, Delaware card No. 299, register No. 932:
T. 26 N., R. 16 E.—
Section 23— E. £ of SE. \ of SE. \ 20
Section 24— SW. \ of SW. | 40
Section 25— NW. \ of NW. \ 40
Total 100
Elizabeth Ketchum, Delaware card No. 70. register No. 343:
T.23 N..R. 21 E.—
Section 1— W. i of SW. ', of SE. ', SE. \ of SW. j, W. h of NE. J of
S W. J, W. A of SW. I 160
Section 2— N. £ of SE. \, lot 8, SE. \ of SE. \ 159.35
Section 11— Lots 1 and 2 45.90
Total , 365. 25
John R. Ketchum, Delaware card No. 378, register No. 744:
T. 24N.,R. 16 E.—
Section 1— S. h of SW. \ of SW. J 20
Section 12— W. J of NE. \, NW. \, N. h of SW. \, N. 4 of SW. \ of
S W . 1, NW. \ of SE. I of SW. \- 350
Total 370
•248 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Thomas E. Ketchum, Delaware card No. 26, register No. 346: Ar "-
T. 24 N.,R.21 E.—
Section 15— S. ■'. of SW. 1 of NW. 1, W. \ of SW. ', 100
Section L6 SE. 1 of SE. 1 ofNE. 1, E.\ of E. A of SE. 1 50
Total 150
John Kinney, Delaware card No. 84, register No. 696:
T. 27 X.'. R. L3 E.—
Section 25— S. .'. of N. \ of NE. J, N. i of SE. 1 of NE. ',, SE. | of
SE. | of NE. 1, SW. S of NE. \, NW. 1 of NE. | of SE. ',. S. \
of NW. >,, s. .1 of N. '. of NW \, NW. } of NW. 1 of NW. \ 250
Section 26— NE. 1 160
Total 410
Lucinda E. Lane, Delaware card No. 323, register No. 375:
T. 22 N., R. 16 E—
Section 5— Lot 3 39. 96
T. 23 X., R. 16 E.—
Section 28— W. \ of W. \ 160
Section 29— NE. i, SE. \ of NW. \, N. \ of NE. 1 of SW. ',. N. \ of
SE. h NE. J of SW. £ of SE. i, SE. J of SE. J 350
Section 32— S. * of N. k of N. 4, S. * of N. .1, N. g of NW. \ of SW.
1, W. 4 of NE. | of SW. i, SE. i of NE. ', of SW. \, SE. } of SW. \,
W. iof SW. £ of SE. J 350
Total 899.96
Mary Lee, Delaware card No. 132, register No. 233:
T. 28 N., R. 13 E.—
Section 7— S. \ of NW. \ of NE. I, W. * of SE. £ of NE. .), SW. £
of NE. i, NW. | of NE. I of SE. \, NW. £ of SW. \ of SE. J, SW. *
of NW. J of SE. 1, N. J of NW. i of SE. \, E. } of SW. 1, SE. \ of
NW. £, S. A of NE. £ of NW. £, S. 22.36 acres of lot 1, lots 2, 3,
and 4 - 425.12
Section 18— W. \ of NE. £ of NW. £, lot 1 63.83
Total 488.95
Simon Love, Delaware card No. 321, register No. 501:
T. 27 N., R. 16 E.—
Section 24— S. \ of NE. \ of SE. £, SE. £ of SE. £ 60
Section 25— E. h of E. 4, E. 4 of SW. £ of NE. £, E. £ of W. i of
SE. S ." 220
T. 27 N., R. 17 E.—
Section 19— S. 18.42 acres of lot 3, lot 4 55. 32
Section 30— NW. £ of NE. £ of NW. £, lots 1 and 2 84. 60
Total 119.92
Adeline L. Lowrance, Delaware card No. 338, register No. 928:
T. 25 N., R. 17 E.—
Section 28— S. \ of NW. £ of SW. £, SW. £ of SW. J 60
Section 29— S. I of N. \ of SE. £, S. A of SE. £, SE. \ of NE. £ of
SW. >, W. \ of NE. 1 of SW. £, W.".\ of SW. i, SE. £ of SW.{.. 270
Section 30— S." \ of SE. £ of NE. \, SW. J of NE. £, E. J of SE. £ of
NW. ',. W. £of E. A of SW. £, SE. £ 280
Section 31— NE. J of NE. £, E. 4 of NW. £ of NE. !, NW. \ of NW.
lofNE. i 70
Section 32— E. \ of NE. £, NW. J of NE. £, N. .'. of SW. J of NE. £,
SE. 1 of SW. i ofNE. | 150
Section 33— W. I of NW. 1 80
Total 910
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 249
Frank Lucas, Delaware card No. 274, register No. 515: Acres.
T. 2SN., R. 15 K.-
Section 17— S. I , ,f SW. | 80
Section IS— SE. \ of SE. }, SE. \ of SW. j of SE. \ 50
Section 19— E. A of XE. \, E. A of W. A of NE. j, SW. j of NW. \
of XE. |, NW. 1 of SW. \ of XE. }, X. A of SE. 1, N. \ of SE. j
of SE. 1. SW. j hi SE. 1 of SE. J. sw. i""t SE. } ". 290
Section 20— X. A of NW. }. NW. \ of SE. J- of NW. ]. SW. | of
XW. i ;. 130
Section 30— E. A of XW. \, lots 1 and 2, XE. £ of SW. ',, lot 3 233. 41
Total 783. 11
Sarah E. Lumbard, Delaware card Xo. 51, register Xo. 965:
T. 24 X., R. 21 E.—
Section 22— XE. \ of SW. J, XW. \ of SE. \, XE. } of SW. \ of
SE. i 90
Robert J. Lnndav, Delaware card No. 24, register Xo. 869:
T. 25 X., R. 22 E.—
Section 35— XE. J of SE. \, NE. \ of SE. \ of SE. \ 50
T. 25 X., R. 22 E.—
Section 36— SE. \ of XW. •-, E. i of SW. \ of XW. ',, SW. j of SW. \
of XW. \, X. A of SW. {, SW. \ of SW. \, W. A of SE. | of SW. \ . 210
Total 260
Alice J. Lynch, Delaware card Xo. 57, register Xo. 964:
T. 24 X., R. 21 E.—
Section 26— SW. \ 160
Section 27— E. \ of E. \ of SE. \ 40
Section 35 — W. A of NE. \, XW. 1, X. A of XE. i. of SW. \, X. A of
XW. Jof SE. \, SE. \oi NW. } of SE. \ ."... 290
Section 36— SE. \ of SW. | of SE. \ 10
Total 500
Sarah A. McCamish, Delaware card Xo. 47, register No. 963:
T. 24 N., R. 22 E.—
Section 30— Lots 1, 2, 3, 4 132.84
William McEwin, Delaware card Xo. 96, register Xo. 398:
T. 24 X., R. 12 E.—
Se< tion 25— SE. \ of S E. \ . W. A of SE. } 120
Section 36— X. A of XE. } 80
T. 24 X., R, 13 E.—
Section 30— Lots 1 and 2 66.97
T. 27 X., R. 13 E.—
Section 1— S. A of XE. ',, X. A of SE. \, X. A of SE. \ of SE. \, SE. \
of SE. \ of >S"E. \. XW. > of SE. \ of SW. \, SW. | of SW. !, X. A
of SW. i, SE. \ of XW. \, S. A of SW. \ of XW. \ 380
Section 2— XE. \ of SE. ',, S. A ui SE. \, S. J; of XW. \ of SE. \,
XE. \ of X W. \ of SE. i , SE. \ of SE. \ of NE. 1 160
T. 27 X., R. 14 E.—
Section 5— XW. V of SE. \ of XW. \, SW. \ of XW. \, XE. \ of
XW. 1 of SW. ], W. A of X^^^ \ of SW. \, SW. 10 acres of lot 4. 90
-ection 6— Lots 1 and 2, S. A of XE. \, lots 3 and 4, lot 5, SE. \
of XW. \, E. A of SW. \, lots 6 and 7, X. A of SE. \, N. A of
SW. \ of SE. \, S W. j of S W. I of SE. i • 561. 38
Section 7— XW. | of XW. ', of XE. 1, X. A of XE. } of NW. i,
SE. J of XE. 1-, E. A of SW. J of NE. i„..~ 90
Section 8— S. A of SE." \ of XE. i, NW. 4. of SE. i of NE. \, SW. |-
of XE. i, N." A of SE. i of XW. }, S W. \ of SE. i of NW. \, SW. |
of XW. \, SE". | 300
Section 9— SW. } of SW. J of SW. \ 10
Section 16— W. \ of NW. | of NW. \ 20
Total 1, 878. 35
250 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
John D. Marker, Delaware card No. 5, register No. 983: Arlv -
T. 24 N., R. 21 E.—
Section 8— E. .'. of NE. ', of SE. ',, SE. | of SE. ! 60
Section 9— SW. | of NE. ', of SW. .',, S. ! of NW. | of SW. ',. S. .'.
ofNW. S 110
Section 16— N. J of X. .'.. X. \ of SW. | of NW. ',, SE. 1 of SW. |
of NW. !, SE. ', of NW. 1, SW. j of NE. ',, X. \ of SE. 1 of NE.
1. SW. 1 of SE. 1 of NE. |, XW. | of NE. ', of SE. ',. XW. | of
SE. ',, XW. j ofSW. i ofSE. ',, NE. \ of SE. | of SW. |, NE |
of SW. 1 410
Section 17— XE. | of NE. .',, E. \ of XW. j of NE. \, NE. ', of SE.
\oi NE. \ 70
Total 650
John Marshall, Delaware card Xo. 370, register No. 401:
T. 25 X.. K. L3E.—
Section 25— E. i of XE. \ of XW. J, XW. \ of XE. | of XW. \..._ 30
Jesse Miller, Delaware card No. 291, register No. 621:
T. 25 K, R. 16 E.—
Section 27— W. .', of SW. 1 of SE. \ 20
Section 34— N. | of NE. \ of NW. \ 20
■ Total 40
Silas Miller, Delaware card No. 164, register No. 381:
T. 25 N.. R. 13 E.—
Section 1 1— SW. \, S. \ of NW. \, S. h of NW. \ of NW. \ 260
Section 14— SE. J of SE. \ of NW. -\, W. h of E. i of NW. I W. J
of NW. i 130
Total 390
Stephen A. Miller, Delaware card No. 272, register No. 898:
T. 26 N., R. 14 E.—
Section 28— NE. i, N. I of NE. \ of SE. h E. A of SE. \ of XW. \,
SE. ] of NE. £of NW.i 210
T. 26 N., R. 16 E.—
Section 6— S. 4 of S. h of NE. \, S. 20 acres of lot 3, SE. | of XW. ].
S. 19.71 acres of lot 4, lots 5, 6, and 7, E. h of .SW. \, SE. \ 47S. 87
Sect i« »n 7— W. \ of NW. \ > »f X E. \ , NE. \ of NW. t, lot 3 99. 98
T( .tal 788. 85
William W. Nicholas, Delaware card No. 295, register No. 90:
T. 25 N., R. 16 E.—
Section 24— N. iof SE. \ of SE. \ 20
Section 25— E. I of NE. ], SW. \ of NW. \ of NE. \. E. \ of SW. \
ofNE. i 110
Total 130
Carrie V. Overlees, Delaware card Xo. 125, register No. 506:
T. 26 N., R. 12 E.—
Section 1— W. h of SE. i of SW. \ - 20
Section 25— SE. ] of NW. | of NE. \, E. i of SW. | of XE. \. SE. \
of X !•:. S . X E. J of SE. i , E. \ « »f X W. • of SE. \ 130
Total 150
Annie Paradee, Delaware card No. 188, register No. 921 :
T. 26 N., R. 13 E.—
Section 1 7— SW. 1 of SW. ], SW. ] of NW. | of SW. J 50
Section 18— E. \ of SE. \ 80
Section 19— E. J of NE. \ of NE. \ 20
Total 150
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 251
Job B. Parker, Delaware card No. 204, register No. 60: Acres.
T. 28 N., R. 13 E.—
Section 8— SW. \ of SW. \ of XE. \, W. £ of NW. \ of SE. \, E. h
of SW. i, N. J of SW. } of SW. I, E. i of NW. J of SW. \, S. J
of SE. \ < >f NW. i . NW. | of SE. \ of NW. J ISO
Section 28— W. \ of W. J of SW. 4 40
Section 29-E. £ of SE. \. SW. j of SE. \, E. J of NW. \ of SE. £,
SW. \ of NW. 1 of SE. \. S. A of SW. >. SE. \ of XE. | of SW.
1. W. | of NE. S of s\V. 1. NW. \oi SW. \. SW. j of SE. | of
NW. I, SE. 1 uf SW. | ,,f XW. \, W. ), of W. - 1 , of XW. | 360
Section 30— E. A of NE. 1 of XW. \, E. 4 340
Section 31— NE. \, X. .'. , ,f XE. ) of SE. }, XE. \ of XW. J of SE. \. 190
Section 32— X. 1 320
Total 1,430
Mary Parker, Delaware card Xo. 339, register Xo. 357:
T. 24 N.. R. 17 E.—
Section 15— S. \ of XW. 1 of SW. \, SW. \ of SW. \ 60
Section 16— S. I of X. \ of SE. }. S. Jof SE. >. SE. \ of SW. •, W.
4of XE. \ of SW. ',. W. \ of SW. | 260
Section 17— XE. | of SE. ', i if SE. \ 10
Section 21— X. I of N. \ - 160
Section 22— NW". 4 160
Total 590
John Parks, Delaware card Xo. 195, register No. 715:
T. 28 N., R. 13 E.—
Section 5— SW. \ of SW. \ of SE. £-, SE. \ of SE. \ of SW. £, NW.
\oi SW. 4 of SW. I, SW. ! of XW. £-of SW. i 40
Section 6— SE. ] 160
Section 7— W. \ of XE. } of XE. \, X. A of NW. \ of NE. 1, NE. \
of NE. J of NW. \ 50
Section 8— W. h of NW. J of NE. \, NW. \ of SW. 4 of NE. \, NE.
i of SE. \ ( »f NW. i . E. £ uf X E. \ uf XW. ] 60
Section 9— SW. ) of XE. \ of SE. \. W. A of SE. | of SE. i, W. i
of SE. i, E. J of S W. j . S E. | of S W. | of SW. ] 200
Section 10 -S. I of XW. \ of SE. \, SW. 4, of SE. \, E. A of SW. \,
E. 4 of W. \ of SW. | 180
Section 13— S. £ of si-:. | of SE. \ 20
Section 24— XE. \ of NE. |. E. ! , of SE. \ of NE. \, E. 4 of NE. \
of SE. 1, XE. }ofSE. ' of SE. 4, 90
T. 2S N.. R. 14 E.—
Section 18— Lot 4 30. 04
Section 19— W. A of XE. \ of XW. \, lots 1, 2, and 3, X. 15.43 acres
i »f 1. >t 4, W. \ "of XE. \ of S W. i, SE. I of X W. \ 186. 73
Total ' 1, 016. 77
Patiacow, Delaware card Xo. 80, register Xo. 40:
T. 25 X., R. 12 E.—
Section 36— E. \ of SE. }. E. I of W. 4 of SE. \, XW. \ of XW. \
of SE. \ 130
T. 26 N., R. 12 E.—
Section 24— S \ of SE. £ of SE. }. SE. \ of SW. \ of SE. \ 30
Section 25— NE. \ of NE. | , X E. \ of X W. \ of XE. \ 50
T. 25 X., R. 13 E.—
Section 31— SE. 4 of XW. £, E. \ of SW. S. lots 2, 3, and 4 240.07
T. 26 X., R. 13 E.—
Section 30— W. 21.15 acres of lot 1 21. lo
Total 471.22
252
ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Lizzie Peacockj Delaware card No. 211, register No. 39: Acres
T. 25 X.. R. L3 E.—
Section 3— S. ■'. of SW. | of SW. I, NW. 1 of SW. | of SW. ', 30
Section 4— SE. j of SE. | of SE. ',, W. .', of SE. | of SE. ',. E. \ of
SW. | of SE. 1, SW. ', of SW. 1 of SE. 1, SE. ', of SE. | of SW. \. 70
Section 9— NE. ', of NE. !, X. \ of SE. | of NE. ',, SE. | of SE. \ of
NE. ',, E. \ of NW. i of NE. i, NW. i of NW. | of NE. ',, NE. !
of NE. 1 of NW. 1 110
Section 10— W* of SW. \ of NW. ',. NW. | of NW. | 60
Total 270
Eliza Peterson, Delaware card No. 83, register Xo. 705:
T. 27 N., R. 13 E.—
Section 23— XE. \, W. \ of NE. \ of SE. ',, NW. | of SW. j of SE.
\, NW. \ of SE. \, SE. \ of NE. \ of SW. J, N. h of NE. ', of SW.
',. SE. 1 of NW. \, SE. J of NE. \ of NW. fc NE. J of NE. \ of
NW. J 330
Section 24— W. J of NE. \ of NW. J, N. } of SW. J of NW. \, NW.
! ofNW. 1 80
Total 410
Jefferson D. Sarcoxie, Delaware card No. 351, register No. 296:
T. 26 N., R. 13 E.—
Section 15— SW. \, S. * of S. £ of NW \ 200
Section 16— SE. \, SE."} of SW. ]-, SE. \ of NE. \ of SW. \ 210
Section 21— NE. £, N. * of NE. \ < »f SW. 1 , E. h of NW. J 260
Section 22— W. i of NE. \ of NW. }, W. * of NW. J 100
Total 770
John Sarcoxie, Delaware card Xo. 207, register No. 653:
T. 26 X., R. 12 E.—
Section 24— S. \ of NE. 4 L , N. A of SE. \, N. h of SE. | of SE. \,
XE. \oi SW. iof SE. J 190
T. 25 X., R. 13 E.—
Section 3— SE. \, SE. \ of SW. \, S. i of NE. \ of SW. \, NE. } of
XE. Jof SW. i ." 230
Section 9— S. J of NE. \ of SE. J, SE. \ of SE. i 60
Section 10— X W. \ of NE. }, N. * of S W. J of NE. \ 60
Section 15— S. \ of NE. \ of SE. }, S. h of SE. \ 100
Total 640
Mary D. Sarcoxie, Delaware card No. 126, register No. 556:
T. 25 N., R. 13 E.—
Section 3 — Lots 3 and 4 80. 15
Section 4— Lot 1, N. 20.04 acres of lot 2, SE. 10 acres of lot 2 70. 12
T. 26 N, R. 13 E.—
Section 33— NW. 1 of NE. \ of SE. \, S. } of NE. | of SE. \, SE. \
of SE ], W. h of SE. }, S. | of SW. \ of NE. \, E. \ of SE. \ of
SW. i, SE. iof SE. iof NW. \ 200
Section 34— SE. \, S. * of SW. \, SE. J of NE. \ of SW. J, SW. \
of NW. } of SW. h E. * of SE. J of NE. J, SE. J of NE. 1 of
NE. i 260
Total 810.27
John Secondine, Delaware card No. 62, register No. 481 :
T. 25 N., R. 19 E.—
Section 32— E. i of NE. }, N. i of NE. J of SE. }, NW. ] of SE.
| of SE. ',, SW. i of NE. | of SE. J, S. \ of NW. \ of SE. },
SW. J of SE. \, S. * of NE. \ of SW. h W. .V of SW\ J, SE. \ of
SW. S
Total
320
320
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 253
Simon Secondine, Delaware card Xo. 310, register No. 896: Acres.
T. 25 N., R. 14 E.—
Section 29— S. 4 of NE. \, N. .', of SE. -], NE. | of SW. L E. i of
NW. J of SW. i, XW. | ...; 38(1
Section MO— NE. \ of NE. \ of NE. |. S. ] of NE. J of NE. E SE. J
of NE. I, N. Jof NE. 1 of SE. | 90
T. 26 N., R. 15 E.—
Section 1— Lots 1 and 2, S. $ of NE. J, E. 4 of SE. J, E. \ of W. *
of SE. h SE. 10 acres of lot 3 '. 200. 04
T( >tal 760. 04
William II. Shailer, Delaware card No. 173. register No. 338:
T. 27 N.. R. 13 R—
Section 21— S. \ of SE. ', of SE. 1. SW. j of SE. \, SE. \oi SW. \... 100
Section 27— SW. j of XE. j of NE. \. SE. } of SE. ] of NE. \. W. \
of SE. | of XE. ',. SW. j of XE. \. SE. {. E. j of SW. t, S. J of
SW. 1 of SW. }. XE. | of SW. j of SW. |, NW. 5 of SW. L
XW. I ; 550
Section 28— XE. ]. X. } of X. \ of SE. |, SE. J of XE. 1 of SE. \.
!■:. J of XW. I 290
Section 34— X. \ of XE. |, X. .', of SE. 4 of XE. ], SW. \ of SE. J
of XE. J, SW. | of NE. h N."}of SE. \ of SW. \. E. .', of NW. J
of SW. \. E. iof XW. {. E. ) of SW. i of NW. }. NW. \ of SW. i
of NW. \. NW. | of NW. J-. 340
T< -tal 1, 280
James Shaw, Delaware card No. 345, register No. 580:
T. 27 X.. R. 13 R—
Section 1— N. \ of SW. \ of XW. ',, lots 3 and 4 101.20
Section 2— SW. \ of SE. \ of XE. J. X \ of SE. 1 of XE. ',, SW. | of
NE. 1, SW. I of NW. J, NW. | of NW. \ of SE. }, lots 1, 2, 3,
and 4 283. 32
Section 3— NE. \ of NE. j of SE. } 10
T. 28 N.. R. 13 R—
Section 36— X. A of X. I of SE. i. SW. | of NW. \ of SE. \, W. *
of SW. Jof SR i : 70
Total 464. 52
George F. Smith, Delaware card No. 294, register Xo. 879:
t. 24 X., R. 14E.—
Section 12— E. A of E. \ of NE. ',. E. A of XE. V of SE. \ 60
T. 26 X., R. 15 R—
Section 1— X. 20.07 acres of lot 4 20.07
Section 2— X. 20.11 acres of lot 1. lot 2, X. \ of SW. * of XE. \ ... 80. 28
T. 27 N., R. 15 R—
Section 35— W. 4 of W. A of XE. \. E. ] of SW. j of NE. S, S. ] of
SE. 1 of NE. \, E. | of SE. 1 "... 160
Section 36— NW. 4 of NW. J of SW. J, S. A of NW. J of SW. |,
SW. i of SW. E w. A of Si;. | of SW. 4 ; 90
T. 26 X., R. 16 E.—
Section 4— E. | of SW. i NW. | of SW. 4, 120
Total 430. 35
Sallie 0. Smith, Delaware card No. 260, register No. 203:
T. 25 N.. R. 15 E.—
Section 7— E. J of E. J of SE. i, W. 4 of SE. -] of SE. J 60
Section 8— SW. } 160
Section 1 7— X. 4 of XW. | SO
Section 18— XE. \ of XE. \. E. .1 of NW. \ of XE. j 60
Total 360
25-1 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
William C. Smith, Delaware card No. 261, register No. 205: Arlvs
t. 23 x.. i;. it; E.
Section 6— SW. 10 acres of lot 2, W. .', of SW. | of NE. \, SE. | of
SW. 1 of NE. ',, S.20 acres of lot 3, S. 19.68 acres of lot 4, lots
5, 6, and 7, E. \ of SW. ',, SE. ] of NW. ',, W. \ of SE. ',, W. \ of
SE. 1 of SE. i 418.41
Section 7— E. \ of N W. | , 1< »ts 1 and 2 159. 73
Section S— Lot 9, E. 10 acres of lot 8, E. \ of SW. ', of SE. \, SE. ',
ofSE. ! 106.35
Total 684. 49
Mary Spybuck, Delaware card No. 182, register No. 882:
T. 21 N., R. 13 E—
Section 19— W. i of E. I of NW. i, W. } of SE. | of SW. |, lots 1,
2, and 4 179. so
John R. Stout, Delaware card No. 271, register No. 460:
T. 26 N., R. 15 E.—
Section 10— SE. \ of SE. \ of SE. J 10
Section 11— W. h 320
Section 14— W. h of NW. \ of NE. \, SW. \ of NE. \, NW. \ 220
Section 15— E. h of NE. \ of NE. \ 20
Section 26— S. I of N. I of SW. \, S. \ of SW. \ 120
Section 27— NW. \ of NW. ]- of SE. J, S. * of N. * of SE. i, S. A of
SE. ]-, E. I of W. A of, E. § of NW. \ of NW. 1, SW. >- f NW. 1,
NW. 1 of SW. \, E. A of SW. 1 of SW. 1, NW. J of NE. \, W. *
of SW. -I of NE. i 470
Section 34— NE. £ 160
Section 35— NW. i 160
Total 1, 480
John W. Stout, Delaware card No. 263, register No. 545:
T. 26 N., R. 14 E.—
Section 21— SE. \ of NE. \ of SW. \ 10
Section 31— N. *of NW. \ of SE. \ 2<»
T. 27 N., R. 15 E.—
Section 36— S. * of S. i of NE. \, SE. }, E. ] of SE. \ of SW. \. .. . 220
Total 250
Jonas Swannock, Delaware card No. 157, register No. 360:
T. 26 N., R. 13 E.—
Section 26— W. A of 320
Section 35— E. \ of NW. \ 80
T. 27 N., R. 13 E.—
Section 6— S. \ of SE. \ of NE. |, NE. \ of SE. ', N. J of SE. 1 of
SE [ " 80
Section 15— NW. | of SW. j of SW. \, NW. \ of SW. ',, NW. ', of
NE \ of SW \ 60
Section 16— SE. J of SE. ] of NE. ',, E. \ of E. ) of SE. {. SW. }
of SE. 1 of SE. \ 60
Total 600
Mary Thursday, Delaware card No. 87, register No. 627:
T. 26 N., R. 12 E.—
Section 13— SW. ) of NE. \, W. A of SE. j, E. \ of SW. ], SE. 1
Of XW. S ^40
Section 24— W. I of NE. ! of NE. \, XW. \ of NE. h E. A of
X W . J : 140
Ti ital 380
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 255
Edson Washington, Delaware card No. 53, register No. 672: Acres.
T. 26 N., R. 14 E.—
Section 31— NW. \ of NE. \ of SW. \ 10
George Washington, Delaware card No. 198, register No. 193:
T. 28 N., R. 13 E.—
Section 20— SW. \ of NE. \ of SE. -], S. A of SE. ',, S. .', of NW. ',
of SE. J, SE. } of SW. >, E. A of SW. \ of SW. |, SE. \ of NW.
} of S W. I, S. h of NE. i of SW. 4, 200
Section 28— NW. \ of SW. \ of NW. \ 10
Section 29— N. * of NE. j, N. h of S. A of NE. }, NE. \ of NW. J-,
N. \ of SE. J of NW. S, NE. \ ofSW. j of NW. '. E. \ of NW. J
of NW. \ 210
Total 440
James Washington, Delaware card No. 1, register No. 676:
T. 26 N., R. 23 E.—
Section 7— N. i of NE. |, N. \ of S. \ of NE. | 120
Mary Washington, Delaware card No. 198, register No. 61 :
T. 27 N., R. 12 E.—
section 1— Lot 1, NE. \ of SE. \ of NE. \ 50. 09
T. 28 N., R. 12 E.—
Section 36— NE. 1 of SE. \, E. \ of NW. | of SE. S, SE. \ of SE. j . 100
T. 27 N.. R. 13 E.—
Section 6— NW. \ of SE. | of NW. }, W. 20.18 acres of lot 3, lots
4 and 5 111.16
T. 28 N., R. 13 E.—
Section 31— W. i of E. \ < »f SW. j , lots 3 and 4 120. 84
Total 382. 09
William Washington, Delaware card No. 137, register No. S29:
T. 22 N., R. 12 E.—
Section 13— N. h of N. J of SE. \, SE. \ of NE. \ of SE. 1, SE. j
of S W. I of SE. \ 60
Section 24— SE. j of NE. \ of NE. \, E. * of SE. \ of N E. j 30
T. 22 N., R. 13 E.—
Section 18— S. 18.18 acres i »f lot 1, lots 2, 3, and 4 127
Section 19— Lots 1 and 2 72. 2S
Total 289. 28
Hannah Webber, Delaware card No. 292, register No. 465:
T. 27 N., R. 13 E.—
Section 11— SE. \ of SW. \ of NE. \, SE. \ of NE. \ of SW. >,
SE. \ ofSW. j of SW. | 30
Section 12— W. I of NE. 1 of SW. 4 20
Section 13— NW. j of SE. \, NE. \ of SW. ',, W. \ of NW. ].... 160
Section 23— NW. ', of N E. \ of NW. \ 10
Section 24— NE. \ of NE. \ of N W. \ 10
T. 28 N., R. 14 E.—
Section 85— NW. \ of NW. 1 of SW. 5 10
Total 240
Mary White, Delaware card No. 92, register No. 568:
T. 2<i N.^ R. 17 E.—
Section 9— SE. \ of NE. \, E. \ of SE. \ 120
Secti, ,n 10— SW. \ 16:)
Total 280
Marv White, Delaware card No. !).;, register No. 47:
T. 24 N., R. 13 E.—
Section 28— N. \ of NW. \ SO
256 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Albert Whiteturkey, Delaware card No. 89, register No. 978:
T. 26 X.. U. 13 E.—
Section 7— SE. 1 of NE. j of SE. ',. NE. 1 oi SE. 1 of SE \ 20
Section s s. \ of SW. fc8.iof N. .'. of SW. ! 1211
Total 14(i
Dutch Whiteturkey, Delaware card No. L68, register No. 77:
T. 27 N.-, R. 13 E.—
Section 17— NW. \ of SW. J 40
Section 18— E. \ of SE. \, SW. \ of SE. ',, S. •'. of NW. i of SE. ].
NW. ! of NW. ! ofSE. !. E. .'. of NE. | of SW. l. SW. of NE. 1
ofSW. fc, SE. fcofSW. f, S. 20.97 acres of of lot 4 240.97
Total 280. 97
Robert Whiteturkey, Delaware card No. 118, register No. 79:
T. 26 N., R. 13 E—
Section 18— S. h of NE. \ of NE. .',, SE. | of NW. | of NE. i.-S. \ of
NE. ',, W. I of SE. !, E. * of SE. | of SW. ',, NW. \ of SE. ', of
SW. ■',, SE. \ ofNE. | of SW. \ 230
Section 19- NW. \ of NE. | of NE. ',. N. \ of NW. \ of NE. ',.
NE. I of NE. | of NW. \ 40
T. 27 X., R. 13 E—
Section 15— S. \ of SE. t, SE. 1 of SW. \, E. .1 of SW. | of SW. |, S.
* of NE. J of SW. J 160
Section 22— N. A of N. i of NE. \ 40
Total 47t i
Samuel Whiteturkey, Delaware card No. 192, register No. 80:
T. 26 X., R. 13 E.
Section 17— E. \ of SW. \, E. \ of NW. \ of SW. }, NW. \ of NW.
1 of SW. 1, NW. | 27li
T. 27 N., R. 14 E.—
Section 19— NE. j of NE. \ of SW. t, S. j of NE. \ of NW. -], SE.
10 acres of lot 3, SE. j of SW. \ 80
Section 30— N. \ of NE. ',. NE. | of NW. ',. NE. \ of SE. \ of NW.
'. N. .', of SW. \ of NE. \, SE. i of SW. 1 of NE. \, SE. J of
NE. \ 200
T< >tal 550
John R. Willev, Delaware card No. 305, register No. 642:
T. 26 N., R. 14 E.—
Section 10— SE. j, SE. \ of SW. }. E. ) of SW. \ of SW. \, SW. \
ofSW. j ofSW. \ 230
Section 15— N. A of 320
Section 21— SW". £ of NE. \ of SW. \, S. I of SW. J, S. } of NW. \
of SW. J 110
Section 28— NE. \ of NE. J of NW. ',. W. J of E. h of NW. ], W. h
of N W. 1 130
Total 790
Samuel Williams, Delaware card No. 77, register No. 689:
T. 27 N., R. 13 E—
Section 7— SE. | of NE. \ of SE. \, E. I of SE. \ of SE. |, NW. \
of SE. 1 of SE. \ 40
Section 8— W. \ of W. ) of NE. ], SW. \ of NW. } of SE. }. W. i
of SW. 1 of SE. h E. I of SW. ',, SW. J of SW. ',, E. I of NW. J-,
NE. 1 of SW. i of NW. \, E. j of NW. \ of NW. } 300
Section 17— W. .', of NE. \, E. h of NW. J. NE. | of SW. | of NW.
',, E. '. of NW. | of NW. J, NW. \ of NW. ', of NW. \ 200
Total 540
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 257
Amanda Wilson. Delaware card No. 268, register No. 732: Acres.
T. 25 K, R. 13 E.—
Section 25— NW. ]- of NE. \ 40
T. 26 N., R. 15 E.—
Section 2— S. \ of N. A of SW. 1 , S. \ of SW. \ 120
Section 3— S. \ of SE. ',. SW. \ of NW. \ of SE. \, SW. \, S. J of
NW. \, SE. 10 acres of lot 3 340
Section 4— Lots 1 and 2, S. I of NE. \, SE. \ 321.42
Section 9— E. £ of NE. \, E". h of W. J of NE. i, NW. £ of NW. i
of NE. \ 130
Section 10— N. h 320
Section 11— E. £ 320
Section 12— SE. J of NE. i of NW. \, W. h of NE. \ of NW. J,
NW. \ of NW. i, N. \ of SW. ',, N. \ of S". J of SW. \, SW. \ of
SW. I- of SW. \, S. J of NW. } 280
T. 27 N., R. 15 E.—
Section 33— S. h of NE. \ of SE. \, SE. | of NW. } of SE. J, S. h of
SE. } "... 110
T. 27 N., R. 16 E.—
Section 26— SW. \ of SW. \ of NE. J, SE. \ of SE. \ of NW. \, W. J
of SE. \ of NW. |. SW. j of NW. ',. NW. } of SW. ',, W. h of
NE. j of SW. ]. NE. 1 ofNE. ] of SW. \ 150
Section 27— SW. | of NE. j of NE. \, S. A of NW. \ of NE. \, S. J
of NE. S. SE. \ 270
Total 2, 401. 42
Joshua Wilson, Delaware card No. 340, register No. 520:
T. 24 N., R. 17 E.—
Section 15— NW. J of NW. ',, W. \ of SW. | of NW. \, NW. j of
NW. \oi SW. | 70
Section 16— NE. \, N. h of N. £ of SE. \, E. h of NE. £ of SW. \. . .. 220
Section 17— N. £ of NE. | 80
Total 370
James Wilson, Delaware card No. 144, register No. 599:
T. 26 N., R. 13 E.—
Section 29— W. \ of SW. \, E. I of NW. \, E. h of SW. i of NW. i,
SW. J of SW. J of NW. ]. SE. J: of NW. \ of NW. • 200
Section 30— SE. \ of SE. \ of NE. \, E. h of NE. \ of SE. \, SW. \
of NE. \ of SE. |. SE. j ot SE. \, E. h "of SW. \ of SE. ], SE. j of
NW. }of SE. \ 110
Section 31— NE. \ of NE. \ of NE. } 10
Total... 320
Mary Wilson, Delaware card No. 78, register No. 722:
T 27 N R 1 S E
Section 11— NW. | of NE. | of NE. \, S. I- of NE. \ of NE. :'„ SE. \
of NE. h N. .', of SW. \ of NE. i, S. h of NW. ^ of NE. \, NE. i
of NW. J of NE. i : 120
Section 12— SW. I of NW. i of NE. \, W. J of SW. J of NE. J,
NW. > of SW. 1. NW. j 230
T. 27 N., R. 14 E.—
Section s— SE. ] of SE. I of NW. \, SW. \ 170
Section 17— N. h of NW. | 80
Total 600
Thomas Wilson, Delaware card No. 343, register No. <47:
T. 25 N., R. 16 E.—
Section 25— W. \ of NW. \ of SE. |, E. A of NE. \ of SW. \ % SW. \
ofNE. \ ofSW. I NE } ofSE. | of SW. ], SW. £ of SE i 100
Section 26— N. A of NE. }, SW. \ of NE. \, N. A of SE. \ of NE. !,
SW. I of SE. [ of N !•:. j , N W. 1 of SE. \ . NW. \ of NE. \ of SE. }.. 200
Section 36— W. \ of SE. | of NW. \, E. h of SW. \ of NW. \, SW.
J of SW. \ of NW. j 50
Total 350
S. Doc. 104 17
258 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
William Wilson, Delaware card No, L84, register No. 136: Acres.
T. 28 N., R. 12 E.—
Section 12— S. \ of SE. 1 of SW. ', 90
Section L3— SE. | of SE. | of NE. \, W. \ of SE. | of NE. k SW. j
of NE. | of NE. |, s\V. | of NE. k S. \ of NW. \ of NE. k NW. I
of NW. \ of NE. !, N. .'. of SE. \, X. .', of S. .', of SE. ',, NE. ]- of
SE. .{ of SW. k W. .', of SE. | of SW. J, SW. i of SW. ',. X. i of
SW. 1, E. \ of NW. S, E. I of SW. 1 of NW. k SE. ', of NW. 1
of NW. ', 490
Section 14— S. > of SW. ', of NE. ',, NW. 1 of SW. ! of NE. ', 30
Section 24— SW. | of SW. 1 of NE. k W. I of NE. I of NW. k
NW. JnfNW. i I 70
T. 28 N., R. 13 E.—
Section 15— NW. ] of SE. $, NW. \ of SW. J of SE. k NE. J of SE. 1
of SW. k W. \ of SE. i of SW. 1, NE. 3 of SW. h W 7 . \ of SW. 4_. 200
Secti. >n 16— E. \ of E. A of SE. J 40
Section 18— SW. 11.84 acres of lot 2, N. 21.71 acres of lot 4 33.55
Total S83. 55
Henry AVolfe, Delaware card No. 72, register No. 427:
T. 28 N., R. 19 E.—
Section 1— SW. \ of SE. \ of NE. \, S. h of SW. | of NE. k NW.
J of NE. i of SE. I, S. * of NE. } of SE. \, N. * of SE. \ of SE. h
SW. J of SE. i of SE. i, W. J of SE. J, E. * of SE. \ of SW. }. . 190
Section 2— N. h of S. A of SE. k N. A of SW r . J -, W. * of S W. \ of SE. J . 140
Section 3— Lots 1, 2, and 3, S. * of NE. \, SE. £ of NW T . k N. A of
SE. \, W. * of SW. \ of SE. J 247.34
T. 29 N., R. 19 E.—
Section 32— E. A of SE. } 80
Total 657.34
John Yellowjacket, Delaware card No. 149, register No. 437:
T. 27 N., R. 12 E.—
Section 1— SE. \ of SW. \ of SE. \, W. A of \V. A of SE. h E. A of
SW. i, SW 7 . } of SW. k SW. i of NW: i of SW. \ "... 180
Section 12— W. A of NE. |, N. A of NW. \ of SE. k NE. \ of NE.
| of SW. k E. A of NW 7 . I, NE. } of SW. J of NW. J, E. A of
NAV. A of NW. i, NW. ] of NW. } of NW. J ."... 230
T. 27 N., R. 14 E.—
Section 16— NE. J of NW. J of NW 7 . \ 10
Total 240
John Young, Delaware card No. 74, register No. 219:
T. 27 N., R. 12 E.—
Section 1— NW. } of SE. J of NE. \, N. A of SW. J of NE. }, SW 7 . \
of SW. Aof NE. k SE. lot NW. }. lots 2 and 3 160.76
T. 28 N., R. 12 E.—
Section 25— S. A, of SE. \ of NE. $, NE. J of SE. k W. A of SE. £ of
SE. J, E. £ of SW 7 . i of SE. k NW. £ of SW. J of SE. i, S. A of
NW. ] of SE. \, NE. iof NW. \ of SE. } "... 140
Section 36— W. A of E. A of NE. ], E. * of W. A of NE. k SW. J of
SW. ] of NE. k W. A of NW. } of SE. i, SW. -]- of SE. k E. A of
• NE. \ of SW 7 . k NW. \ of NE. J of SW. \, E. A of SE. \ of SW 7 ". k
SW. iof SE. }of SW. k SE. J of SW. \ of SW. \ 220
T. 2SN., R. 14 E.—
Section 29— SW 7 . | 160
Total 680. 76
Matilda Zane, Delaware card No. 232, register No. 229:
T. 27 N., R. 16 E.—
Section 30— SE. \ of NE. \, SE. \ of SW. \ of NE. k SE k E. A of
SW. \ "... 290
T. 26 N., R. 17 E.—
Section 29— N. A of NE. \ of NW. \ 20
Total 310
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 259
No. 174.
Department of the Interior,
Washington, January 13, 1904-
The Commissioner of Indian Affairs.
Sir: The Department is in receipt of your repent dated January 12, 1904, trans-
mitting therewith a report from the chairman of the Commission t<> the Five Civilized
Tribes, dated January (l, l ( .i()4, forwarding the report of the Commission, dated
December 31, 1903, relative to "the Delaware segregation."
You state that "the report and schedules, together with the previous correspond-
ence relating to this subject, have been carefully considered, and 1 can not recom-
mend the approval of the schedules." You also state that one copy of the Commis-
sion's report of December 31, 1903, has been retained by your office; that all the
other papers received with the chairman's report of January 6, except the copy of
the Commission's report informally furnished the Department, are inclosed therewith.
You have not given the Department any reasons why you "can not recommend
the approval of the schedules." In view of the very great importance of a proper
determination of this matter, you are requested to make further report and to state
therein specifically the reasons why said schedules ought not, in your judgment, to
be approved, in order that the Department may be fully informed in the premises.
You are requested to make your action special in this case.
Respectfully,
E. A. Hitchcock, Secretary.
No. 175.
Department of the Interior,
Washington., January 13, 1904. ■
The Assistant Attorney-General for the Interior Department.
Sir: The Department is in receipt of a communication from the Commissioner of
Indian Affairs, dated January 12, 1904, transmitting a report of the chairman of the
Commission to the Five Civilized Tribes, dated January 6, 1904, forwarding a report
of the Commission, dated December 31 last, concerning the Delaware segregation.
Inasmuch as the instructions to the Commission were prepared in your Office, I
have to request your opinion whether the schedules submitted have been prepared
in accordance with the directions of the Department, and whether they ought to be
approved.
The repoi't of the Commission and the schedules have been made in triplicate, one
copy of the report being retained in the Office of the Commissioner of Indian Affairs.
A ropy of the communication of the Commissioner, a copy of the letter of the chair-
man of the Commission, the report of the Commission, one copy of each of the papers
transmitted therewith, are inclosed for your consideration.
Action is requested as early as practicable.
Respectfully, E. A. Hitchcock, Secretary.
No. 176.
Department of the Interior, Office of Indian Affairs,
Washington, January 15, 1904-
The Secretary of the Interior.
Sir: The Office is in receipt of Department letter of January 13, 1904, in which the
office is directed to give specific reasons why the schedules transmitted by the Com-
mission on January 6, 1904, and forwarded with Office report of January 12, relating
to the Delaware segregation, should not in the judgment of the Office be approved.
In reply attention is respectfully invited to the Commission's report of December
31, 1903, concerning said schedules, and the statements therein contained seem to
this Office to be sufficient reasons to prevent the approval of said schedules. The
Office will not attempt at this time to review all of the statements contained in said
report, which indicate to it that the schedules ought not to be approved, and will
260 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
therefore only invite attention to such statements therein as arc considered by the
Office of more than ordinary importance in indicating that the schedules do not
comply with the requirements of the law.
I'iic Delaware-Cherokee agreemenl of April 8, L867, provides among other things
"The selections of lands to be purchased by the Delawares may be made by said
Delawares in any part of the Cherokee Reservation east of said line 96 degrees not
already selected and in possession of other parties; and in case the Cherokee lands
shall bereafter be allotted among the members of said nation, it is agreed that the
aggregate amount of land herein provided for the Delawares, to include their improve-
ments according to legal subdivisions when surveys are made (that is to say, L60
acres for each individual), shall be guaranteed to each Delaware incorporated by
these articles in the Cherokee Nation; nor shall the continued owner-hip and occu-
pancy of said land by any Delaware so registered be interfered with in any manner
whatever without his consent."
Section 23 of the Cherokee agreement, ratified August 7. 1002, which is the only
Cherokee agreement that was ratified by the tribe and confirmed by Congress,
declares that the Delaware Indians, who are members of the Cherokee Nation, shall
.share in the distribution of lands and funds of the Cherokee tribe, as their rights
may be determined by the Court of Claims or the Supreme Court of the United
States in the suit authorized to he brought by section 25 of the act of June 28, L898,
and that if said suit has not been determined by the court before the Commission is
nady to begin the allotment of the lands belonging to the Cherokee Nation "the
Commission shall cause to be segregated 157,600 acres of land, including lands which
have been selected and occupied by Delawares in conformity to the provisions of
their agreement with the Cherokees, dated April 8, 1867, such lands so to remain
subject to disposition according to such judgment as may be rendered in said cause."
On page 30 of the Commission's report of December 31 last, the following appears:
"It is urged that these lands are of the best lands, and that those now taken from
the public domain by the Commission are, generally speaking, of much lower grade
and value."
The lands referred to by the Commission as of the best grade are those included
in the segregation or alleged segregation as made by the Commission or as claimed
to have been made by the Commission December 17, 1902, as subsequently modified
by agreement between the attorneys representing the Cherokee Nation and the Del-
awares, respectively, January 23, 1903. Referring to the above quotation from page
30 of the Commission's report, attention is invited to the fact that the Commission
on this page of said report also says:
" This is true It is also true that if the Commission could find average land
available for this segregation it would, as a matter of justice both to the Delaware
claimants and the Cherokee Nation, select such lands to complete the segregation to
the amount required by law."
The Commission here states that the lands included in the schedules now under
consideration, at least that part selected from the public domain, is of an inferior
grade, and such admission appears to this office to be an indication that "a matter
of justice" has not been accorded the Delaware Indians.
The Office did not recommend the original segregation. It was transmitted with
office report of April 30, 1903, and the position was taken that it was the duty of the
Commission to investigate and determine whether the lands segregated by them
were in the possession of the Delaware citizens. The Commission also says:
"If they have improved land in excess of what they are considered entitled to as
Delawares. they, under the practice of the Commission, can and do still have such
land set aside for them, in addition to what we have reserved from the public domain,
to the value of 110 average acres, the allotable right and interest of a Cherokee."
This office understands that it is the duty of the Commission under the law to segre-
gate the 157,600 acres "selected and occupied by Delawares;"' that the "practice of
the Commission" has nothing whatever to do with the matter, and that the law
governs. It is also said:
" Every Delaware not found in possession of land is recognized in what is taken
from the public domain, and still he also can at anytime have reserved for him a
regular Cherokee allotment."
With this statement the Office does not agree. It does not now and never has
believed thai a registered Delaware has any right to share in the residue of Cherokee
lands remaining after the Delaware segregation shall have been made. However.
this is a matter to be determined by the court and not by the Commission, this
office, or the Department, and the above remarks are made simply for the purpose
of pointing out the inconsistency of the Commission's report in this particular.
On page 12 of the Commission's report of December 31 last the following appears:
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 261
Total acreage of land of different classes found to constitute the Adams and Logan list of
land, as per the records of the Commission.
Acres.
Held by registered Delawares with no adverse individual claimants 61,006.97
Held by registered Delawares, but having adverse claimants 1,550.22
Held by nonregistered 1 >elawares with no adverse claimants 26, 258. 49
Held by nonregistered Delawares, but having adverse claimants 1,358.59
Held by Cherokees 39, 120. 45
Held by unidentified parties 11, 103.63
Public domain 17, 102. 44
In town sites:
Approved 48. 87
X< it approved 55. 00
Total of the Adams and Logan segregation 157, 604. 66
Of the lands above indicated there are —
Acres.
Held by the Delawares, with no adverse claimants 61, 006. 97
Held by nonregistered Delawares, n< > adverse claimants 26, 258. 49
Held by unidentified parties 11, 108. 63
Public domain 17, 102. 44
Total 115,471.53
From the above it will he readily seen that of the lands in the aileged original seg-
regation 115,471.53 acres are nut claimed by Cherokee citizens, and of this amount
17,102.44 acres is public domain; yet the Commission, as shown by page 28 of their
report, lias only included in the schedules under consideration 20,609.45 acres of the
land in the alleged original segregation, which is only 3,507.01 acres more than the
area of public domain contained in the original segregation. Page 28 of the Com-
mission's report shows than 136,9M5.2~> acres of the land included in present proposed
segregation were not included in the original segregation, and page 80 of said report
shows that these lands were selected from the public domain, and, as hereinbefore
stated, it is also shown on the page last mentioned that said lands are of an inferior
quality.
Much stress is laid upon the opinion of the First Assistant Attorney-General for
the Interior Department, now Assistant Attorney-General for the Department, of
October •">, 1897, in which the present contentions of the Delawares were considered
as untenable. Said opinion the Office does not understand has anything whatever to
do with the duties of the Commission in the premises. It was rendered long prior
to the Cherokee agreement and several months before the passage of the Curtis Act.
Since the passage of the Curtis Act the powers, duties, and obligations of the Com-
mission, in so far at least as the Delaware segregation is concerned, have been plain,
and in fact mandatory.
On pages 23 and 24 of the Commission's report the position is taken that it is the
duty of the Commission to construe the meaning of the Delaware-Cherokee agree-
ment of April 8, 1867, and that "the legal duty is clear and mandatory." It appears
to the Office that this is the very question that is now pending before the Supreme
Court of the United States in the Delaware-Cherokee suit, and that the Delawares
will share in the Cherokee lands in accordance with the construction put upon said
agreement by the court and not in accordance with the construction put upon said
agreement by the Commission. As was said by this ( >ffice in report of April 3, 1903,
it does not believe that the Department or the Conynission has anything to do with
the effect which the segregation may have on the final determination of the suit now
pending, and that it is not believed "that to comply by'the Commission with the
statutory directions" will "in anywise prejudice the rights of either party in
interest." The Commission seems to lie of the opinion that R. C. Adams by pur-
chasing improvements on Cherokee lands, alleged by him to be for the benefit of
the Delawares, " has revealed as the most ingenious, persistent, and comprehensive
scheme under the pretext of the law to hold land for personal benefit and contrary to
law, and to appropriate the lawful holdings of others without their knowledge or
consent that the Commission has yet come in contact with." At the same time, on
page 11 of their report, the following appears:
It was intended to send you a list of this land grouped into totals of individual
holdings, and we hope to send you such an arrangement of the data in a short time.
262 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Bu1 a presenl partial examination shows the following ( Iherokee citizens to be among
the principal holdersof these lands and the amounts of their holdings:
Acres.
Roberl I., Owen 6,931.75
Francis B. Kite 2. o7<'. Its
Edward L. Halsell 1,462.62
Jacol > 1 1 . Bartles 1 . 1 49. 62
Total 12, 123. 97
Adams claims to have purchased these improvements for the benefit of the Dela-
ware Indians ami nut I'm' his own personal benefit or gain.. In fact, the Commission's
report shows that on December 23, l'.>:>:;, with reference to this subject, Hon. James K.
Jones, as counsel for .Air. Adams, advised the Commission as follows:
"That for the purpose of inducing you to include these lands in the Delaware
segregation for the benefit of his people, and subject to the action of the Supreme
Court, he stands ready to, and hereby proposes to, convey all such lands in any way
that you maysuggest to any committee of Delaware Indians, to be selected by you or
your Commission, to be held by them under the direction of your Commission for
the sole benefit of the Delaware tribe of Indians."
On the other hand, to illustrate, it appears that Francis B. Fite is holding
possession of 2,579.98 acres of land in the Cherokee Nation. Mr. Fite and the mem-
bers of Ids family may be entitled to lands to this extent, but it is hardly probable
that the members of any one Cherokee family will be entitled to such an area "of
the best lands" of the Cherokee Nation, and section 18 of the Cherokee agreement
declares that it shall be unlawful after ninety days from the ratification of the agree-
ment for any member of the tribe to hold possession of "more lands in value than that
of 110 acres of the average allotable lands of the Cherokee Nation, either for himself or
for his wife, or for each of his minor children, if members of said tribe," and section
19 thereof provides that any person convicted of so holding excess lands shall be
punished by a fine of not less than $100, and that each day upon which such offense
is committed or continued shall be deemed a separate offense.
It is believed proper to remark that in the opinion of this Office the Commission
to the Five Civilized Tribes should be directed to ascertain and report whether the
persons mentioned in their report, or any other person or persons, are holding more
lands than they and the member.- of their family are entitled to.
The Commission to the Five Civilized Tribes seems to be of the opinion that the
Delaware Indian- should have selected the lands they intended to take in accord-
ance with the provisions of the Delaware-Cherokee agreement at the time they
removed to the Indian Territory, shortly after April 8, 1867.
It appears that the Commission has entirely overlooked the fact that the Cherokee
Nation was not surveyed until nearly thirty years subsequent to the date of said
agreement, and in fact the survey was not finally completed until more than thirty
vears after the date of that agreement had elapsed. The survey was first authorized
by the act of Congress approved -March 2, 1895 (28 Stat. L., 876-900), and the field
work, the office is advised by the Geological Survey, was not completed until about
July 1, 1898, consequently the Delaware Indians or Cherokee citizens could not
prior to that date have selected their lands by legal subdivisions.
The Commission's report shows that of the land contained in the alleged original
segregation 115,471.53 acres is not claimed by any person other than a Delaware
Indian, unless the 11,103.63 acres claimed by unidentified persons is claimed by
Cherokees, and the 17,102.44 acres public domain is also so claimed, but such claim
is not shown by the Commission's report; yet of this area but 20,609.45 acres are
included in the new schedules, and this fact is in itself, the Office believes, sufficient
to prevent the approval of the schedules transmitted with Office report of January
12, 1904.
On page 20 the Commission quotes from a letter from Walter S. Logan of Decem-
ber 3, 1903, as follows:
"The Delawares, therefore, are to make their own selections.
"The selections they have made are on tile with you. The only question that can
arise, therefore, is as to whether any part of the lands so selected wen- 'already
selected and in the possession of other parties' within the meaning of the agreement.
"The phrase 'already selected and in the possession of other parties' refers, of
course, to the date of the agreement — that is, April 8, 1867.
"* * * We are entitled to have segregated to us the lands which we have
selected, and which were not, on April 8, 1867, 'already selected and in the posses-
sion of other parties.'"
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 263
And says:
"Mr. Logan's position need only be quoted to be understood. It hardly permits
of comment.
"There are few improvements in the Cherokee Nation of so ancient a date as the
8th of April, 1S67. This is particularly true of what is now the most populous and
opulent part of the nation. In view of these facts, and Mr. Logan's opinion, and
the general disposition manifested by these gentlemen, we can hardly be surprised at
the inclusion in their list, in one way or another, of nearly 40,000 acres of the occu-
pied lands of Cherokees, and also of some approved, as well as unapproved, town-
site property. We can only be surprised that Mr. Adams should deem it necessary
to liny any property at all, that they did not attempt to take more, and that Mr.
Logan, perhaps for color and support, should make the following statement, as he
does at the close of his letter of December 3, in speaking of the views of the honor-
able and distinguished attorney for the Cherokee Nation, viz:
"'I had a talk with Mr. William T. Hutchings in Washington yesterday on this
matter, and his views and mine seem to be in entire accord in this matter.'
"It is true in part, at least, that this remarkable attempt has been made to acquire
and retain large bodies of the choice and improved lands and homes of the Cherokees."
The Delaware-Cherokee agreement of 1867 authorized the Delaware Indians to
"select" Cherokee lands not in the possession at the date of the agreement of any
other person. Section 23 of the Cherokee agreement refers to these lands as those
which "have been selected and occupied by Delawares." From the provisions of
the Delaware-Cherokee agreement of 1867 and those of the Cherokee agreement rati-
fied August 7, 1902, it is evident to this Office that the Delaware Indians have the
right to select the 157,600 acres they are supposed to have purchased from the Chero-
kee Nation, and that they may select said lands in any part of the Cherokee Nation
east "of said line of 96 degrees" unless such lands have been selected by some other
person.
As to Mr. Logan's statement that the Delawares are, under the provisions of the
agreement of 1867, entitled to take lands "already selected and in the possession of
other parties," the Office has to say that it does not believe that this statement is
borne out by either of these agreements. It appears that the Delaware Indians, as
hereinbefore stated, and also Cherokee citizens, could not select their lands by legal
subdivisions until about July 1, 1898, and it is not believed that Delaware citizens
have the right to select lands now in the possession of other parties unless it is con-
clusively shown that such lands were, prior to the selection by other parties, selected
by the Delawares. There does not appear to have been any time limit fixed by the
agreement of 1867 in which the Delawares should make the selection referred to.
In view of the foregoing, as stated in office report of January 12, I can not recom-
mend the approval of the schedules transmitted with that report.
Very respectfully.
W. A. Jones, Commissioner.
No. 177.
Department of the Interior,
Office of Indian Affairs,
Washington, January IS, 1904-
The Secretary of the Interior.
Sir: The < Miire is in receipt of Department letter of January 13, 1904, transmitting
a copy of a resolution of the Senate of January 11, 1904, directing the Department
to transmit to it copies of the report of the Commission to the Five Civilized Tribes,
dated November 11, 1903, "of allotment of lands and segregation of lands in the
Cherokee Nation to the Delaware Indians * * * and all other papers relating to
such allotments and segregation."
You request that I transmit to the Department immediately copies of any papers
on tile in the Office desired by the Senate.
In reply, I have the honor to advise you that a careful search of the records and
correspondence of the Office has been made, and it appears therefrom that all of the
original papers and the originals of office reports, or office letters relating to this
subject, are in the possession of the Department, except the following, to wit, Agent
Shoenfelt's report of August 11, 1903; office letter of August 22, 1903, to Agent
Shoenfelt; office telegram of September 22, 1903, to the Commission to the Five
Civilized Tribes; letter of Isaac Secondine and others, dated September 11,1903:
264 ALLOTMENT < >F LANDS T<> DELAWARE INDIANS.
office reply thereto of September 22, 1903, and office letter of October 6, 190:5, to the
Commission to the Five Civilized Tribes, copies of which are inclosed.
Search of the records and correspondence of the Office from November 15, 1899,
to date was made.
Very respectfully, W. A. Junks, Commissioner.
Department of the Interioe,
United States Indian Service, Union Agency,
Muscogee, Tnd. T., August 11, 1908,
The Commissionee of Indian Affairs.
Sir: I have the honor to state that I am in receipt of a communication from
Richard C. A.dams, the representative of the Delaware Indians, dated Washington,
August 6, 1903, advising that he has been informed that certain leases have been
taken in the Cherokee Nation, some covering lands claimed by Delaware Indians
and marked on the maps of the Commission to the Five Civilized Tribes as Delaware
segregated lands.
Air. Adams incloses a map which purports to show the segregated lands as claimed
I >y the Delaware Indians; also a petition for injunction against the Commission to the
Five Civilized Tribes and the Secretary of the Interior, together with a temporary
restraining order granted by Justice Anderson.
Air. Adams states that he hies a protest against my approving or recommending
for approval any leases in the Cherokee Nation, where the same will conflict or in
any manner infringe upon lands claimed by the Delaware Indians or included in
tracts marked in red upon the map sent by him to me.
The map, petition, and temporary restraining order will be retained in the files' of
this office.
I shall be pleased to receive any instructions that the Department may have on
this subject.
Very respectfully, J. B. Shoenfelt,
United States Indian Agent.
Department of the Interior, Office of Indian Affaies,
Washington, August .'.', 1903.
J Blair Shoenfelt, Esq.,
United States Indian Agent, Union Agency, Muscogee, Tnd. T.
Sir: I am in receipt of your letter of the 11th instant saying you have received
a c< inimunication from Richard C. Adams, the representative of the Delaware Indians,
dated Washington, August 6, advising you he had been informed that certain leases
have been taken in the Cherokee Nation, some covering lands claimed by the Dela-
ware Indians and marked on the maps of the Commission to the Five Civilized
Tribes as Delaware segregated lands; that Mr. Adams inclosed you a map which
purports to show the segregated lands as claimed by the Delaware Indians, also
petition for injunction against the Commission to the Five Civilized Tribes and the
Secretary of the Interior, together with a temporary restraining order granted by
Justice Anderson, of the supreme court of the District of Columbia. .Mr. Adams
states to you that he files a protest against your approving or recommending for
approval any leases in the Cherokee Nation which will conflict or in any manner
infringe upon lands claimed by the Delaware Indians or included in tracts marked
in red upon the map sent by him to you.
Yon say the map, petition, ami temporary restraining order will be retained in
the files of your office, and that you will be pleased to receive any instructions the
Department may have to give you on the subject.
The injunction proceeding alluded to by Mr. Adams is pending in the supreme
court of the District of Columbia, and the Department has raised the question of the
validity of the so-called segregation by the Commission to the Five Civilized Tribes.
I hope the matter will lie determined in the court in the near future, but in the
meantime, in case leases are submitted to you covering the lands shown by Mr.
Adams's map as claimed by the Delaware Indians, that fact should be reported in
connection with your submission of the lease or leases to this Office through the
United States inspector for Indian Territory.
Very respectfully,
W. A. Jones, Commissioner.
(Through the United States Indian Inspector for Indian Territory.)
ALLOTMENT OF LANDS TO DELAWARE INDIANS. 265
[Telegram.]
Department of the Interior, Office of Indian Affairs,
Washington, September j. j , 1903.
The Commission to the Five Civilized Tribes, Muscogee, Ind, T.:
Referring to your telegram of September 21. Original register of Delaware Indians
incorporated into the Cherokee Nation under agreement of 1867 has been lost or mis-
laid. Office has copy of the register of said Delawares heretofore in possession of
the Cherokee authorities, presumed to be now in your possession, which was made
from that register and certified to by executive secretary of the nation June 20, 1893.
Also has Pratt's list of Delaware Indians, with a description of their lands, the value
thereof, and the valuations of the improvements thereon, who elected to remove to
the Indian country. Can not make certified copy, but will loan you either register.
A. C. Tonner, Actual Commisssioner.
Nowata, Ind. T., September 11, 190S.
The Commissioner of Indian Affairs:
We, the undersigned registered Delawares, respectfully request that you cause our
lands to be segregated in accordance with the treaty between the United States and
the Cherokee Nation adopted on or about the 6th day of August, 1902.
Our reasons for the request are as follows:
The law requires it. and it is necessary for our protection.
It is necessary for our protection because the Delawares are not allowed to file on
their land till a suit now pending in the Supreme Court is decided, while others are
at liberty to tile on our land, and it has been done in several instances, and the only
redress we have is to begin a contest, which is very expensive and which some of us
are not able to do.
It is also necessary from the fact that much land has been segregated that is not
now or ever was Delaware land, but is excessive holdings among Cherokees, and is
as a consequence wrongfully and unlawfully withheld from allotment, thereby
depriving the Delawares, who have an insufficient amount of land, from getting what
is justly theirs.
Respectfully submitted.
Isaac Secondine.
Jas. Randall.
L. T. Estes.
C. E. Bratcher.
Luella C. Roberts.
Ben Connor.
Lucinda Hicks.
Frank Randall.
Mary Weaver.
Julia Hall.
Mary Nairn.
Department of the Interior, Office of Indian Affairs,
Washington, September 22, 1903.
Isaac Secondine and others, Nowata, Ind. T.
Gentlemen: The Office is in receipt of your communication of September 11, 1903,
requesting that it cause to be segregated, in accordance with the provision of law, the
lands occupied by the Delawares.
In reply, you are advised that the matter relating to the segregation of Delaware
lands is mm pending before the supreme court of the District of Columbia, and that
this < >tlice or the Department can take no action in the premises until such time as
the court shall have rendered a decision.
Very respectfully,
A. C. Tonner, Acting Commissioner.
266 ALLOTMENT OF LANDS TO DELAWARE INDIANS.
Department of the Interior, Office of Indian Affairs,
Washington, October 6, 1908.
The C< amission to the Five Civilized Tribes,
Muscogee, Tnd. T.
Gentlemen: The Office is in receipt of your communication of October 3, L003,
requesting that the certified copy in the possession of the Office of the original regis-
ter of Delaware Indians incorporated into the Cherokee Nation under the agreement
of L867 be forwarded to you.
You state the Commission has heretofore had the use of a copy of this register,
which was borrowed from a private individual; that he has called upon the Commis-
sion for the return of the same, and it has therefore become necessary for yon to
secure a copy of the register for your official use.
In reply, you are advised that the certified copy of the register mentioned has been
transmitted to you this date, under separate cover, by registered mail.
This copy was furnished the Office July 6, 1893, by the then acting United States
Indian agent, Leo Bennett. The copy is certified to under date of June 20, 1903, by
John L. Adair, the then executive secretary of the Cherokee Nation. His certificate
bears the seal of the nation and is in the following language:
"I, John L. Adair, executive secretary, do hereby certify that the list of names
hereto attached of the Delaware Indians incorporated in the Cherokee Nation under
agreement of April 8, 1867, is a correct transcript of the record in this department as
taken from the original list.
"Attest my hand and the seal of the Cherokee Nation."
You are requested to return the register for the files of this ( )rnce as soon as you
shall have finished with it.
Very respectfully, A. C. Toxner. Acting Commissioner.
o
a*
LB Mr '05
i
TVNews
OpenLibrary